HomeMy WebLinkAboutZBA Minutes 2006-05-15 TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY, MAY 15, 2006
7:00 P.M.
PRESENT: Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; Ronald Krantz,
Board Member; Dick Matthews, Board Member; Jim Niefer, Board Member; Susan
Brock, Attorney for the Town; Christine Balestra, Planner; Jonathan Kanter, Director of
Planning; Tee-Ann Hunter, Town Clerk.
ABSENT: None
OTHERS PRESENT: Michael Moore, 1028 East Shore Dr; Lee Shurtleff, Tompkins
County Emergency Response, 92 Brown Rd; Rick Couture, Ithaca College; Fred
Vanderburgh, Ithaca College; Sean Cahill, Gilbane building co.; Phil Walker, 1105
Hanshaw Rd; Richard B. Thaler, 1030 East Shore Dr; Katrina & Rob Medeiros, 402 E.
Upland Rd; Greg Albrecht, 309 Roat St; Dan Kathan, 307 Roat St; Pascal Oltenacu, 11
Dove Dr; Michael Pinnisi, 520 Cayuga Heights Rd; Burke Carson; Paige Anderson, 520
Cayuga Heights Rd; Bob Terry, 107 Worth St
Chairperson Sigel opened the meeting at 7:00 p.m.
Chairperson Sigel — Good evening, welcome to the May meeting of the Town of Ithaca
Zoning Board of Appeals. This time we have seven appeals. We will be taking them in
the following order: The first two appeals are that of Ithaca College, the first one
regarding their communications tower, and the second regarding their business school.
The third is the appeal of Greg Albrecht, the fourth of Pascal Oltenacu, the appeal of
Phillip Walker, the appeal of Timothy Moore, and the appeal of Michael Pinnisi.
APPEAL of Ithaca College, Appellant, Lee Shurtleff, Agent, requesting a
modification of a previously granted height variance from the requirements of
Chapter 270, Article IX, Section 270-70 of the Town of Ithaca Code to be permitted
to construct a 195+/- foot tall radio communications tower on the Ithaca College
campus located off Danby Road, Town of Ithaca Tax Parcel No. 41-1-30.2, Medium
Density Residential Zone. Said tower exceeds the 30-foot maximum permitted
height for a structure in the Medium Density Residential Zone. This is a
modification of a previously approved height variance for the tower that was
originally granted by the Zoning Board of Appeals on August 16, 2004 (original
approval for 180-foot tall tower). A variance from the dimensional requirements of
Section 270-219(F) is also being requested to allow a fall zone with a radius less than
the height of the tower.
Chairperson Sigel—Is somebody from Ithaca College ready? Have a seat and please just
begin with your name and address,please.
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Mr. Shurtleff - I'm Lee Shurtleff, director of Tompkins County Emergency Response,
working in cooperation with Ithaca College.
Mr. Couture - I'm Rick Couture, director of physical plant at Ithaca College, my address
is 104 Westhaven Rd, Ithaca.
Chairperson Sigel — OK. And, I think your packet seemed pretty self-explanatory as to
what has changed at the site, and why you want to go higher. Is there anything you want
to add?
Mr. Shurtleff - I don't have anything I want to add. I am available to answer any
questions if the board should have some.
Chairperson Sigel — OK. So, originally you were planning to have the radio antenna
below the communications equipment, the emergency equipment, is that right?
Mr. Shurtleff- Initially, that was the case. The county equipment for the propagation to
fit into the overall simulcast radio system needs to be in the vicinity of 180 feet, and in
working through the final design issues, the broadcast antennas for the college radio
station are of a live nature, so it created a safety issue on getting past those to work on the
equipment above, and so we chose to put those to a higher point. One of the parameters
that the legislature directed me to work with was that any new construction be kept under
200 feet, to preclude any lighting, and we've verified that with the FAA that no lighting
is required with the additional height. So, this will allow us to place the broadcast
antennas at the higher level and not interfere with the county signal.
Chairperson Sigel —OK. Any questions, comments? So, I don't think we should need to
do an environmental assessment for this, or do we?
Ms. Balestra—I think we do.
Chairperson Sigel — You do for a height variance? I guess not because it's not a
residential building.
Ms. Balestra—Right. And we would need to do it as part of the telecommunications law
anyway.
Chairperson Sigel—OK. Do you have anything you wanted to say, Chris, about that?
Ms. Brock—When you do the SEQR, you should do it for both the request for the height
variance as well as the request for the diminution in fall zone.
Ms. Balestra—Oh, I can explain the fall zone requirement.
Chairperson Sigel—OK.
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Ms. Balestra—Our telecommunications law requires a fall zone that is equal to the radius
of the height of the tower, so if you have a 100 foot tower, then you should technically
have a fall zone that, if it is to fall over, you would have a radius of 100 feet around. And
because of the design of this particular tower, it is designed to collapse upon itself so that
the radius needed is only, I think they said 41 feet. So, we're asking for a waiver from
the dimensional requirements, because the tower is going to be 195 feet tall.
Mr. Krantz—There will be no light on the top of that tower?
Mr. Shurtleff- That's correct.
Mr. Krantz—But if it were 200 feet, it would be required to have a light?
Mr. Shurtleff- That's correct.
Mr. Krantz—Is that a big hassle,putting a light on top? It's still up there pretty high.
Mr. Shurtleff- Desire wise from an environmental and visual standpoint not to light any
of the towers, so we attempted to keep it below that ...
Mr. Krantz—I'm thinking in terms of a low-flying plane at night.
Mr. Couture - Again, that height was approved by the FAA, and so we had to assume that
it met all their requirements and there were...
Ms. Brock —And one of the Planning Board's conditions of approval was that the tower
not be lit nor marked beyond what was required by the FAA.
Chairperson Sigel—So, how large was the fall zone previously, do you recall?
Mr. Shurtleff- I believe the previous variance called for a 70 foot radius.
Ms. Brock — And they didn't get an area variance for that, the Planning Board actually
waived that requirement the last time, but on this go-round, we have determined the
Planning Board actually didn't have the ability to waive that requirement, that that really
needed an area variance which is why that piece of it is coming to you, and you didn't see
it the first time around.
Chairperson Sigel—So is it the case that you still have 70 feet for a fall zone?
Mr. Shurtleff- I believe that was the number that was requested because of the proximity
of the water tower, but it appears from the engineering designs that we have that it will
fall at a lesser point, or the potential fall point is lesser: 41 feet.
Ms. Brock—I believe they are requesting a 75 foot fall zone radius.
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Chairperson Sigel — OK. So 75 is what you have, but it should fall within a smaller
distance?
Mr. Shurtleff- That's correct.
Chairperson Sigel — OK, well, seeing as this, I mean, I don't think the request is
substantially changed since the last time, so I will re-move the same motion from Zoning
Board resolution 2004-038, with just the modification changing the 180 feet...
Ms. Brock—We need to do the SEQR first.
Chairperson Sigel — Yeah, I'm moving the... this is the SEQR motion that I'm moving.
Changing the 180 feet to be 195 feet. Is there a second on the environmental assessment
motion?
Mr. Niefer—Did you ask for a public hearing?
Chairperson Sigel — Yes, we forgot the public hearing, thanks Jim. Before we vote on
that, we'll open the public hearing if anyone wishes to speak regarding the Ithaca College
communications tower [pause] and if not, we'll close the public hearing.
Chairperson Sigel opened the public hearing at 7:12 and closed the public hearing at
7:13.
Chairperson Sigel—Now, a second on the motion? OK, all in favor?
ZB RESOLUTION NO. 2006- 031 : ENVIRONMENTAL ASSESSMENT : Ithaca
College, Appellant, Ithaca College Campus, Town of Ithaca Tax Parcel No.
41.-1-30.2, Medium Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Ron Krantz
RESOLVED that this Board makes a negative determination of environmental
significance in the appeal of Ithaca College and/or Tompkins County, Appellants,
requesting a variance from the requirements of Article IX, Section 270-70 of the
Town of Ithaca Zoning Ordinance, to be permitted to construct a communications
tower with a height of 195 feet for the reasons stated in the Environmental
Assessment Form prepared by Tompkins County staff dated June 30, 2004.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
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The MOTION was declared to be carried.
Ms. Hunter- There was a second on that?
Chairperson Sigel—Ron did.
Ms. Hunter- Ron? OK.
Chairperson Sigel —And I will, to approve the requested variance, I will re-move motion
2004-039, changing the not to exceed 180 feet to 196 feet, and also adding approval for
the fall zone to be not less than 75 feet. Second?
Mr. Matthews —I have a question.
Chairperson Sigel—Sure.
Mr. Matthews —I'm a little thick tonight I think or something, which is not unusual. You
have a tower that's going to be 195 feet?
Chairperson Sigel—Mmmm hmmm.
Mr. Matthews —And the fall radius is going to be how many feet?
Chairperson Sigel—I think they've said 41 feet, it's designed to collapse...
Mr. Krantz—It collapses in itself.
Mr. Matthews —I need to be explained why that would be less than 195 feet.
Chairperson Sigel — I believe the tower has points along it where it is designed to break
first, and so I'm sure the applicant can explain better.
Mr. Shurtleff- I do have a statement from Glen Martin engineering, which is the tower
builder, and this was shared with the Planning Board as well... "The proposed 190 foot
mounted pole, rated at a 100 mile per hour three second gust, and 60 mile an hour three
second gust with 3/4 inch ice accumulation on the tower, this is in accordance with the
national standard. Should an event causing failure occur, the proposed tower would fail
at approximately 154 feet of the total tower height with the resulting maximum stress of
the system, thus the corresponding fall zone correlates to a 41 foot radius and is within
the proposed 75 foot radius required by the client." When we asked for the design of the
tower to be done, we indicated that it needed to be designed so that if there were a major
failure, it occurred at no less than 75 feet from the top of the tower, and in this instance
the engineers are telling us that catastrophic failure would occur at 154 feet, thus the 41
feet we've...
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APPROVED MINUTES
Mr. Matthews — So we have to... thank you very much... we have to trust that the
engineering studies on this type of structure led to the belief that someone standing at 41
feet fear not their life.
Chairperson Sigel—Uhhh...
Mr. Matthews —Is that right?
Chairperson Sigel — Essentially. It is also that case that these objects that are in the fall
zone in this case are the communications building, I believe, right, and the water tank. So
there's no... the nearest inhabited structure is, I think much further than 200 feet?
Mr. Shurtleff- Much further, yes, that is correct.
Chairperson Sigel— So there is no regularly occupied structure within anywhere near 200
feet in this case, so it is really just a concern for the equipment, building and the water
tower.
Mr. Matthews — So if there's nothing within 200 feet of the center of this pole, if I can
use the term pole, why don't we just hold it to 195 feet? If there's nothing there?
Chairperson Sigel—Because I think that the Town telecommunications law requires there
to be nothing there, even other structures, so they need a variance to be able to maintain a
water tank.
Mr. Krantz—We also have to trust the rules that the low flying plane could crash into this
tower, if it was 200 feet and didn't have a light, but at 195 feet it could never happen.
Mr. Matthews —Are you pulling my leg tonight?
Chairperson Sigel — Well, in that case, obviously we have to trust the FAA's
determination on that.
Mr. Matthews — Yeah, but we're not talking FAA here, I don't want to take up
everybody's time, I just, if there's nothing within 200 feet of the center of this pole, I
don't see why we just don't...
Ms. Balestra—The water tank is within the 200 feet of the pole.
Mr. Matthews —Pardon?
Ms. Balestra—The water tank is located within that 200 feet.
Mr. Matthews —The what?
Ms. Balestra—The water tank.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
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APPROVED MINUTES
Mr. Matthews —The water tank.
Ms. Balestra—on the aerial... and we can't move that.
Mr. Matthews —So the variance is to serve the water tank?
Chairperson Sigel—Yeah.
Mr. Matthews - Is that correct, if I can put it in that way? Who cares about a water tank?
OK, thank you.
Chairperson Sigel—OK, I don't remember if we got a second?
Mr. Ellsworth—I'll second.
Chairperson Sigel—OK. All in favor?
ZB RESOLUTION NO. 2006- 032: Ithaca College, Appellant, Ithaca College
Campus, Town of Ithaca Tax Parcel No. 41.-1-30.2, Medium Density
Residential Zone.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth
RESOLVED that this Board grants the appeal of Ithaca College requesting a
variance from the requirements of Article IX, Section 270-70 of the Town of
Ithaca Zoning Ordinance, to be permitted to construct a communications tower
with a height not to exceed 196 feet on the Ithaca College campus, Town of
Ithaca Tax Parcel No. 41-1-30.2, Medium Density Residential Zone. Approval is
also granted for the fall zone to be not less than 75 feet.
FINDINGS:
1. The requirements for an area variance have been satisfied.
2. Due to the public safety use of the tower by Tompkins County, this tower
meets an important public need.
CONDITIONS:
The old communications tower on the above site will be removed within six
months of the completion of the new communications tower.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel - OK, thanks.
Mr. Couture - Thank you.
Mr. Shurtleff- Thank you.
APPEAL of Ithaca College, Appellant, Fred Vanderburgh, Agent, requesting a
modification of a previously granted height variance from the requirements of
Chapter 270, Article IX, Section 270-70 of the Town of Ithaca Code, to be permitted
to construct a four-story, 72+/- foot tall building for the new Ithaca College School
of Business, located north of Job and Friends Halls on the Ithaca College campus,
Town of Ithaca Tax Parcel No.'s 41-1-30.2 and 41-1-30.4, Medium Density
Residential Zone. Said building exceeds the maximum permitted height for
structures in a Medium Density Residential Zone. This is a modification of the
previously approved height variance for the building that was originally granted by
the Zoning Board of Appeals on February 27, 2006 (original approval for 69-foot
tall building).
Chairperson Sigel—Hi.
Mr. Vanderburgh - Hi. Fred Vanderburgh, Senior Assistant director Construction,
Planning and Design, Ithaca College. And that's 201 Physical Plant building, Ithaca
College, NY. To my left is Sean Cahill, Sean is the project manager for Gilbane building
company who is the construction manager on the project. He's just along for the evening
because he's very interested in this so we can get our permit.
Mr. Ellsworth — Well, instead of going through this whole thing, can you just tell us
what's changed?
Mr. Vanderburgh - Yeah, I can. I brought... this is a photograph of the model, this is just
what's going to look like. Do you want me to use that mic, or...?
Ms. Hunter- If you could use the mic, I would appreciate that, thank you.
Mr. Vanderburgh - This is a model of the building, this is to scale. This is Robert A. M.
Sterns model of the building. Everything is going to stay the same, what has happened,
Harry, is because of the mechanicals, now that the mechanicals have become fully
developed, you know how that works, the duct work is going to take up more space on
each floor, so what's happened is it's raised that elevation that 3 feet throughout the
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MONDAY,MAY 15,2006
APPROVED MINUTES
course of the building. Here's a... this is a drawing of the building as it will exist. This
is 71 foot 7. This is the same building that we came to you with before, that's at 68, 4.
So, you can see there's not much difference. Penthouse is gone so...
Mr. Matthews —Three feet. Three feet essentially from what we've already approved.
Mr. Vanderburgh - Right, that's what we're talking about is three feet here. Nothing's
changed as far as the design of the building, windows haven't gotten any larger, nothing's
happened except we've grown in height only to accommodate the mechanical systems.
Mr. Ellsworth—You've already started digging there.
Mr. Vanderburgh - We're doing site work now. We do not have a foundation permit.
We're waiting to get our full set of permits, and once we've gone through your appeal.
Are there any questions?
Chairperson Sigel—OK, it doesn't look like we did an environmental...?
Ms. Balestra — The first time around there was a coordinated review, environmental
review, and the Planning Board made the determination, so this time around this doesn't
need to go to Planning board, so it's up to the Zoning Board to make the environmental
determination. It's not much difference, and we don't see an increase in any of the
impacts, not significant.
Chairperson Sigel—OK.
Mr. Matthews — Just to get the question on the table if nothing else, may sound silly...
can you dig three feet lower?
Mr. Vanderburgh - Well, what that's going to do is change your elevations of windows
and everything in the building. The addition to this space it's in small increments every
floor, it's not just all taken in one spot, it's the additional foot here or the foot there to
pick up room that gives you adequate space to run your duct work through. And the cost
that would be incurred to take that rock out, I mean they're hitting rock now in places at
six inches. So, it's not only feasible from an aesthetic standpoint, but it's not feasible
throughout the building. It's by a floor by floor basis, it's not all in one spot.
Mr. Matthews —OK.
Chairperson Sigel — OK, any other questions or comments? All right, I'll move... thank
you, I keep forgetting the public hearing. We'll open the public hearing in this case if
anyone wishes to speak regarding Ithaca College's new Business School. If not, we'll
close the public hearing.
Chairperson Sigel opened the public hearing at 7:24 p.m. and closed the public hearing
at 7:25 p.m.
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APPROVED MINUTES
Chairperson Sigel — I will move, in regard to the appeal of Ithaca College School of
Business, I will move to make a negative determination of environmental significance for
the reasons stated in the Part 11 Environmental Assessment Form prepared by Town Staff.
Second?
Mr. Krantz—Second.
Mr. Matthews —Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 033 : ENVIRONMENTAL ASSESSMENT : Ithaca
College, Appellant, Ithaca College Campus, Town of Ithaca Tax Parcel No.
41.-1-30.2 and 41.-1-30.4, Medium Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Ron Krantz
RESOLVED that this Board, in regard to the appeal of Ithaca College School of
Business, makes a negative determination of environmental significance for the
reasons stated in the Part II Environmental Assessment Form prepared by Town
staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel — OK, and I will re-move our motion 2006-007, regarding the Ithaca
College School of Business with the change in the height, instead of not exceeding 69
feet, to 70...
Mr. Matthews —72.
Chairperson Sigel—Is it under 72 feet?
Mr. Vanderburgh - Yeah, it is now, but I think 72 would be, I think that's what the
original application was for.
Chairperson Sigel—OK, so not to exceed 72 feet.
Mr. Vanderburgh - Right.
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APPROVED MINUTES
Chairperson Sigel—Second?
Mr. Ellsworth seconded the motion.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 034: Ithaca College, Appellant, Ithaca College
Campus, Town of Ithaca Tax Parcel No. 41.-1-30.2 and 41.-1-30.4, Medium
Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth
RESOLVED that this Board grants the appeal of Ithaca College, requesting a
variance from the requirements of Chapter 270, Article IX, Section 270-70 of the
Town of Ithaca Code, to be permitted to construct a four-story, approximately
36,500 square foot building for the new Ithaca College School of Business,
located north of Job and Friends Halls on the Ithaca College campus, Town of
Ithaca Tax Parcel No.'s 41-1-30.2 and 41-1-30.4, Medium Density Residential
Zone.
FINDINGS:
1. The applicant has met the requirements for an area variance.
2. Even though the height is significantly higher than what is allowed, it is
mitigated by the fact that there are other buildings in the area that are of
similar height, and it is within Ithaca College's central campus, and
therefore only impacts other Ithaca College buildings, and does not
appear to impact any neighbors other than Ithaca College neighbors.
CONDITIONS:
1. The height shall not exceed 72 feet
2. The building shall be constructed as indicated on the applicant's plans
submitted to this board.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK.
Mr. Vanderburgh - Thank you.
Chairperson Sigel—Yup.
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APPEAL of Greg Albrecht, Appellant, requesting a variance from the requirements
of Chapter 270, Article IX, Section 270-71(C) of the Town of Ithaca Code, to be
permitted to construct a 240+/- square foot addition on the east side of a residence
located at 309 Roat Street, Town of Ithaca Tax Parcel No. 71-7-13, Medium Density
Residential Zone. Proposed addition will be located approximately 5-feet within the
15-foot required side yard setback.
Mr. Albrecht - Thank you for considering our appeal. I'm Greg Albrecht, 309 Roat
Street, Ithaca.
Ms. Zeppelin - And I'm Victoria Zeppelin, 309 Roat Street, Ithaca.
Chairperson Sigel — I believe your explanation was — seemed pretty complete, was there
anything you wanted to add that was not in your packet?
Mr. Albrecht - Yeah. The application was developed four or five weeks or so ago, and
our lives and the lives of our neighbors have been very busy and have had other
priorities, and in the last couple days, we've had some involved conversations which
bring very legitimate concerns over two maple trees about 15 or so inches in diameter as
factors in the decision. And those are surrounding quality of life and the look of the
properties as we and out neighbors you know,pull into driveways and look out of kitchen
windows and things like that. So, the thing that I want to put on the table, and that is
specifically in regards to our good friends and neighbors, Dan and Lenore Kathan where
there is a letter of support in front. So that's to be modified a bit in the following area, in
that: if approved, there will be significant discussion and reflection on the proposed
addition before Victoria and myself go ahead with further drawings and whatever
construction that comes out of that.
Chairperson Sigel— So are these trees that you had anticipated removing that you're now
hoping not to remove?
Mr. Albrecht - The goal was to always, they're on the property line, and the goal was to
maintain them and that still is the goal, so we need to further explore what we can do to
maintain the two maples for the four feet of excavation that is required for the foundation
that's then back-filled, what can we do to treat the roots such that to maintain the trees
where they are. What would — what is speculated to happen to the lower branches that
provide more buffer during the growing season when they have leaves and things like
that... and then just a little bit of time just to let it settle just a little more among the 309
and 307 Roat Streeters.
Mr. Matthews — Well, with all due respect to your value, your concern about the trees,
that's not our official concern.
Chairperson Sigel—Unless someone on the board had a concern specifically about...
Mr. Matthews —About Maple trees.
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APPROVED MINUTES
Chairperson Sigel - ...about the trees, yeah. Sometimes we have had cases where tree
removal has been an issue.
Mr. Matthews —But not in this case.
Chairperson Sigel—It's not something that I had considered an issue.
Mr. Matthews —OK. We're concerned with the 5 foot encroachment.
Chairperson Sigel - It sounds like—that hasn't changed, right?
Mr. Matthews —That hasn't changed, OK.
Chairperson Sigel—You're just trying to work with your neighbor to preserve the trees...
Mr. Matthews —I don't want to get confused.
Chairperson Sigel - ... as best as possible.
Mr. Albrecht - Yeah, I just wanted to add that factor.
Chairperson Sigel — OK, any questions for the applicant? So, we do not have any
environmental assessment for this. Chris, any comments about the case?
Ms. Balestra—Not exactly. Generally, staff's position is to retain as much vegetation as
possible, so it seems as though that's what they're planning on doing. But there is no
formal environmental review for this project. It's Type II.
Chairperson Sigel—And we do have the letter of support from your neighbor.
Mr. Albrecht - Which should be moderated given more time to reflect, and that's exactly
what we intend to do in the weeks ahead.
Chairperson Sigel — OK, we'll open the public hearing with this case. If anyone wishes
to speak. And if not, we'll close the public hearing...
Chairperson Sigel opened the public hearing at 7:32 p.m.
Chairperson Sigel - ...Sir, did you want to speak? Sure, please, if you don't mind you
can sit on the end here at this microphone. That's fine. If you could just begin with your
name and address.
Mr. Kathan - My name is Dan Kathan and I live at 307 Roat Street, and my wife and I did
provide a letter of support to our good friends and good neighbors and we still are
inclined to be supportive. We, over the last month, had a medical issue in my wife's case
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APPROVED MINUTES
that involved major surgery and was quite an emotional distraction for the last month or
so. And we'd like some time to just sort of re-reflect on this. I think we're still inclined
to be supportive, but we'd like to reflect on it. And that's the only comment I wanted to
make. Pretty similar to what Greg said. And I think on each of the issues... I think
multiple issues that might have impact as a result of the change... so I just wanted to
make that.
Chairperson Sigel — We don't — as a board, we don't have a mechanism, say, to grant
approval with some kind of delay. I don't think we really have a way to formalize what
you're requesting, as far as going slowly or something. I mean, we can just basically
approve or deny, and I guess I would just ask if you are comfortable enough with your
neighbors to, if we were to approve it, I don't know that we could really get a condition
in there that would maybe get at what you're asking for.
Mr. Kathan - We're comfortable.
Chairperson Sigel—OK.
Mr. Albrecht - Then I'm comfortable.
Chairperson Sigel—Thank you very much.
Mr. Kathan - Thanks.
Mr. Matthews — The other alternative is for the appellant to seek another meeting at a
later time as convenient to the neighbor, right?
Chairperson Sigel—Yeah. The applicant could request an adjournment...
Mr. Matthews —At least you know that. You have that option, if you wish to adjourn for
the peace of the neighborhood, et cetera and come back at a later date with another
presentation, you can do that.
Ms. Balestra—Can I add something quickly?
Chairperson Sigel—Sure.
Ms. Balestra—Just from my experience speaking with the building department, they're a
little backed up with building permits anyway, so even if you applied for a building
permit, it would be probably another month before you get it, so...
Mr. Albrecht - So that would be a discussion with the neighbors to delay. We're not that
close at all to having construction begin. We're still wrangling with the first drawing
that's been drafted, so time will happen and time will especially be in place given that our
close neighbors have requested it. But having said that, I would gladly formally delay if
14
TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
that would be more comfortable, Dan, that's fine. Another appearance fee associated
with that?
Ms. Balestra—Probably, yes, we can't waive that.
Mr. Albrecht - I'm not too excited about that portion of it, but...
Chairperson Sigel — Well, we are sort of heading into the busy season here and the
board's agendas are fairly full, so if your neighbor, Mr. Kathan, seemed comfortable, so I
think it might be best for you to go ahead tonight and for us to vote on it.
Mr. Kathan - If we're not going ahead unless Lenore and I are comfortable, if that's our
understanding, then I say why not get this part done tonight and [inaudible] try to reach
an understanding. And if we're unable to reach an understanding, it won't ...
Mr. Albrecht - It won't... yes, yes.
Mr. Kathan - [inaudible], then I'm comfortable. Great, thanks.
Mr. Albrecht - There you are.
Chairperson Sigel—Such neighborly cooperation.
Mr. Ellsworth—That's good.
Mr. Matthews —We don't want to start ...
Mr. Albrecht - It's a good block
Mr. Niefer—Kirk, I had a question...
Chairperson Sigel—Go ahead, Jim.
Mr. Niefer - ... or a point of observation. I note that the survey shows a carport on the
other end of the property and also that the carport seems to extend into the 15 foot
setback area, I wondered if they had received a variance for the construction of the
carport or whether the previous owner had received a variance for the construction of the
carport.
Chairperson Sigel — Does a carport just need 10? A carport just might need a ten foot
setback because it's a garage.
Ms. Balestra—I think so. Garage, right.
Chairperson Sigel—Yeah, I think a garage can be 10 feet.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Mr. Ellsworth—As long as it's not inhabited.
Mr. Albrecht - Sometimes I have to sleep out there, but otherwise...
[laughter]
Chairperson Sigel—If you kill one of those trees... OK, any other questions, comments?
OK, I will move to...
Ms. Hunter- Did you close the public hearing?
Chairperson Sigel — Oh, yeah. If no one else wishes to speak, we will close the public
hearing.
Chairperson Sigel closed the public hearing at 7:38 p.m.
Chairperson Sigel — I will move to grant the appeal of Greg Albrecht, requesting a
variance from the requirements of chapter 270, Article IX, Section 270-71(C) of the
Town Code, to be permitted to construct an approximate 240 square foot addition on
the east side of a residence located at 309 Roat Street, Town of Ithaca Tax Parcel No.
71-7-13, Medium Density Residential Zone, with the finding that the requirements for
an area variance have been satisfied, specifically having found that with support of the
neighbor, and it only being a 5 foot encroachment in a 15 foot setback, an undesirable
change in the neighborhood will not occur; that the requested variance is not
substantial, will not have adverse physical or environmental effects on the area; that
the difficulty is not self-created and therefore having found that the benefit to the
applicant does outweigh any detriment to the community. Second?
Mr. Krantz—Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 035: Greg Albrecht, Appellant, 309 Roat Street,
Town of Ithaca Tax Parcel No. 71.-7-13, Medium Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Ron Krantz
RESOLVED that this Board grants the appeal of Greg Albrecht, requesting a
variance from the requirements of chapter 270 Article IX, Section 270-71 (C) of
the Town of Ithaca Code to be permitted to construct an approximate 240 square
foot addition on the east side of their residence at 309 Roat Street, Tax Parcel
71.-7-13, Medium Density Residential Zone.
FINDINGS: The requirements for an area variance have been satisfied,
specifically:
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
1. Having found that, with support of the neighbor, and it only being a 5
foot encroachment into a 15 foot setback, an undesirable change in the
neighborhood will not occur;
2. That the requested variance is not substantial, and will not have adverse
physical or environmental effects on the area;
3. That the difficulty is not self created; and therefore,
4. The benefit to the applicant does outweigh any detriment to the
community.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, thank you.
APPEAL of Pascal Oltenacu, Appellant, requesting a variance from the
requirements of Chapter 270, Article IX, Section 270-71(C) of the Town of Ithaca
Code, to be permitted to maintain an addition on the south side of a residence
located at 11 Dove Drive, Town of Ithaca Tax Parcel No. 61-1-8.49, Medium
Density Residential Zone. Existing addition is located approximately four inches
within the 15-foot required side yard setback.
Chairperson Sigel—Good evening.
Mr. Oltenacu - Good evening.
Chairperson Sigel—If you could just state your name and address for us.
Mr. Oltenacu - My name's Pascal Oltenacu, and I live at 11 Dove Drive.
Chairperson Sigel —And I believe that your letter to the board was pretty well-explained,
and this might be our smallest requested variance ever, at 4 inches.
Mr. Oltenacu - I think it's important.
Chairperson Sigel—There doesn't seem to be too much to say in this case.
Mr. Matthews —Get a big bulldozer and pull the house.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Chairperson Sigel — You could try to push it a little bit, take a little siding off. Any
questions? No. OK, we'll open the public hearing, if anyone wishes to speak. And if
not, we'll close the public hearing.
Chairperson Sigel opened the public hearing at 7:41 p.m. and closed the public hearing
at 7:42 p.m.
Chairperson Sigel—Again, we do have a short environmental assessment on this.
Ms. Balestra—No.
Chairperson Sigel—Oh, that's just the back of the...
Ms. Balestra—It's a Type 11.
Chairperson Sigel—OK, so I will move to grant the appeal of Pascal Oltenacu, requesting
a variance from the requirements of Chapter 270, Article IX, Section 270-71 (C) of the
Town of Ithaca Code to be permitted to maintain an addition on the south side of a
residence located at 11 Dove Drive, Tax Parcel 61.-1-8.49, Medium Density Residential
Zone. With the findings that the requirements for an area variance have been satisfied by
the applicant, specifically given that the addition has already been constructed, the benefit
to the applicant is... cannot be feasibly achieved without this variance; that, because the
variance is so small, there will not be an undesirable change in the neighborhood; the
request is not substantial being less than 1 foot, will have no adverse environmental
effects; and while the difficulty is self-created, nevertheless, the benefit to the applicant
outweighs the detriment to the community. Second?
Mr. Matthews —Yeah.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 036: Pascal Oltenacu, Appellant, 11 Dove Drive,
Town of Ithaca Tax Parcel No. 61.-1-8.49, Medium Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Dick Matthews
RESOLVED that this Board grants the appeal of Pascal Oltenacu, requesting a
variance from the requirements of Chapter 270, Article IX, Section 270-71 (C) of
the Town of Ithaca Code to be permitted to maintain an addition on the south
side of a residence located at 11 Dove Drive, Tax Parcel 61.-1-8.49, Medium
Density Residential Zone.
FINDINGS: The requirements for an area variance have been satisfied by
the applicant, specifically:
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
1. Given that the addition has already been constructed, the benefit to the
applicant cannot be feasible achieved without this variance;
2. Because the variance is so small, there will not be an undesirable
change to the neighborhood;
3. The request is not substantial, being less than 1 foot, and will have no
adverse environmental effects; and
4. While the difficulty is self-created, nevertheless, the benefit to the
applicant outweighs the detriment to the community.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, you're all set.
Mr. Oltenacu - Thank you.
APPEAL of Phillip E. Walker, Appellant, requesting special approval according
to the requirements of Chapter 270, Article IX, Section 270-69(B) of the Town of
Ithaca Code, to be permitted to have a home occupation within a residence
located at 1105 Hanshaw Road, Town of Ithaca Tax Parcel No. 71-6-3, Medium
Density Residential Zone. Said home occupation is an allowable use in the
Medium Density Residential Zone upon receipt of special approval by the Zoning
Board of Appeals.
Chairperson Sigel—Good evening.
Mr. Walker - Good evening. Phil Walker, 1105 Hanshaw. I've been in the commercial
real estate business for 15 years. The last three years I've been an independent broker,
representing commercial clients throughout central New York State. Recently purchased
the home on 1005 Hanshaw Road, my business is conducted primarily out of town in
front of Planning Boards and Zoning Board of Appeals. State real estate law requires that
I have a sign on my place of business stating that I am a licensed real estate broker. If
approved, my sign will comply with the Town ordinance and be well within the four
square foot maximum area. The area of my office space is approximately 200 square feet
which is about 10% of the floor space of the dwelling. I comply with all the provisions
of the home occupation definition in the Town Zoning Ordinance, as well as the special
approval, special permit criteria. I appreciate your consideration.
Chairperson Sigel—So... sorry, go ahead.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Mr. Krantz—Room for parking?
Mr. Walker- For my own personal vehicle, absolutely.
Mr. Krantz—Only one?
Mr. Walker- There is adequate parking, absolutely.
Chairperson Sigel — If you were to have someone, a client, come to your house, do you
have room for that parking?
Mr. Walker- Sure, yes.
Chairperson Sigel —Yes. But I got the impression that having to put up this sign is more
of just a formality for you, and not something, you're not actually seeking to advertise
yourself locally.
Mr. Walker- Absolutely not. And the three years I've been on my own, I've never had a
client come to my place of business.
Mr. Krantz—Have you ever had a sign before?
Mr. Walker- A very discrete sign, yes. Not at that location, no.
Mr. Krantz—maybe with a bigger sign, you'll have people there.
Mr. Walker- I'll have the marketing department look into that.
[laughter]
Mr. Matthews —Maybe you don't want to do that. Won't have traffic now, right?
Mr. Walker- [inaudible]
Chairperson Sigel—OK...
Mr. Matthews —Are there neighbors or anything like that?
Chairperson Sigel — Other questions or comments? It seems like extremely low impact
home occupation.
Mr. Matthews —We just don't know if there are neighbors going to speak about it.
Chairperson Sigel — Now, we'll find out in a minute. Chris, any comments on the
environmental assessment?
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Ms. Balestra —No, although I should add that the special approval criteria was added to
your packets so you can see and use that as a consideration for determinations.
Chairperson Sigel—They've added some, with the last zoning change, I guess. It used to
just go up to H.
Ms. Balestra—Say that again.
Chairperson Sigel—The number of criteria for special approval...
Ms. Balestra—Has been added?
Chairperson Sigel—has grown. It used to be A-H.
Ms. Balestra—Oh, yes, that's right.
Chairperson Sigel—Now we go up to L.
Ms. Balestra—This is the updated version from the updated zoning ordinance.
Chairperson Sigel — OK, well, I will move to... I guess, no, first I will open the public
hearing, if anyone wishes to speak regarding Mr. Walker's appeal. And if not, we will
close the public hearing.
Chairperson Sigel opened the public hearing at 7:47 p.m. and closed the public hearing
at 7:48 p.m.
Chairperson Sigel — I will move to make a negative determination of environmental
significance in the appeal of Phillip Walker for the reasons stated in the Part II
environmental assessment form prepared by Town Staff. Second?
Mr. Matthews —Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 037 : ENVIRONMENTAL ASSESSMENT : Phillip
E. Walker, Appellant, 1105 Hanshaw Road, Town of Ithaca Tax Parcel No.
71.-6-3, Medium Density Residential Zone.
MOTION made by Kirk Sigel, seconded by Dick Matthews
RESOLVED that this Board makes a negative determination of environmental
significance in the appeal of Phillip Walker, for the reasons stated in the Part II
Environmental Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel —And I will move to grant the appeal of Phillip E. Walker, requesting
special approval according to the requirements of Chapter 270 Article IX, Section 270-69
(B) of the Town of Ithaca Code to be permitted to have a home occupation within a
residence located at 1105 Hanshaw Road, Tax Parcel 71.-6-3, Medium Density
Residential Zone. With the findings that the requirements for special approval have been
met by the applicant and with the condition that the applicant's business use of his home
be restricted to what he has described to this board in his letter to the board. Second?
Mr. Niefer—Second.
Chairperson Sigel—All in favor?
ZB RESOLUTION NO. 2006- 038: Phillip E. Walker, Appellant, 1105 Hanshaw
Road, Town of Ithaca Tax Parcel No. 71.-6-3, Medium Density Residential
Zone.
MOTION made by Kirk Sigel, seconded by Jim Niefer
RESOLVED that this Board grants the appeal of Phillip E. Walker, requesting
special approval according to the requirements of Chapter 270 Article IX, Section
270-69 (B) of the Town of Ithaca Code to be permitted to have a home
occupation within a residence located at 1105 Hanshaw Road, Tax Parcel 71.-6-
3, Medium Density Residential Zone.
FINDINGS: The requirements for special approval have been met by the
applicant.
CONDITIONS: The applicant's business use of his home be restricted to
what he has described to this board in his letter to the board.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, thank you.
Mr. Walker- Thank you.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
APPEAL of Timothy J. Moore, Appellant, requesting variances from the
requirements of Chapter 270, Article VII, Sections 270-45(A)(1)(b)[10] and 270-
45(A)(2)(a) of the Town of Ithaca Code, to be permitted to construct a dock and
mooring on a property located at 1028 East Shore Drive, Town of Ithaca Tax Parcel
No. 19-2-16, Lakefront Residential Zone. Proposed dock is located within the 20-
foot required setback from adjacent property lines as extended from the shoreline,
and the mooring is located within the 30-foot required setback from adjacent
property lines. An interpretation by the Zoning Board may also be required as to
whether boatlifts and boat hoists are considered part of a dock structure, and thus,
also subject to the dock setback requirement referenced above, or considered a
separate structure
Chairperson Sigel—Hello. Go ahead.
Mr. Moore - My name is Michael Moore, my brother is Timothy Moore, he is co-owner
of this property. I reside at 740 East Miller Road.
Chairperson Sigel — Is there, do you want to begin by adding anything beyond what you
submitted?
Mr. Moore - I have some pictures of the type of boat lift that I'm going to be installing.
Chairperson Sigel—OK.
Mr. Matthews —Thank you. [pause] Is this is type of boat lift or is this the boat lift?
Mr. Moore - It would be the same size, but maybe not the same brand. But it would be
the same profile.
Mr. Matthews —This is not the dock as it is?
Mr. Moore -Not the what?
Mr. Matthews —This is not the dock that's already there?
Mr. Moore -No, this is a different dock.
Chairperson Sigel—Anyone have any questions to begin with?
Mr. Niefer— One question about this boat lift. Where you're planning to build, will it be
covered, or is it going to be an uncovered boat lift?
Mr. Moore - It'll be uncovered, not covered.
Mr. Niefer—And is it going to be set beside the dock just like it is in these pictures, or is
it going to be made an integral part of the dock?
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Mr. Moore- No, it will be set beside the dock and it can be removed.
Mr. Matthews —Unless I'm not seeing something here, it appears that the dock is being
built not on the centerline of the property. Is that what I'm seeing?
Chairperson Sigel—That's true I think, at least the main part of the dock.
Mr. Matthews —So my question is, why can't the dock be built off the centerline so that it
doesn't impose on the other property line.
Mr. Moore - With the shape of the dock being an Ell, I placed it from...12 feet from the
Southern property line and 13 feet from the Northern property line.
Mr. Krantz—So it is pretty much...
Mr. Moore - So it's centered as best it can in accordance with the other docks there.
There's not a lot of room where all the houses are lined up, so I tried to get it as close to
the center of the property line from everybody else's as possible.
Mr. Matthews —OK.
Chairperson Sigel — I'm concerned about the boat lift being so close to the line, only 3
feet. I mean, personally I would like to see you maintain say a 10 foot buffer on each
side, including the boat lift, which I think would require you to narrow your Ell shape a
little bit.
Mr. Matthews —3 feet? Is that 3 feet?
Chairperson Sigel —Yeah, you would need 7 there, and you have 2 there, so it would be 5
feet actually. I mean I thought that the comment that was made by the county in this case
was a good comment, where they... the county department of planning stated
"developing structures in the water of this size and bulk that stretch beyond 50% of the
shoreline frontage is out of character with neighboring properties," and then they go on to
talk about incremental overdevelopment and such. They recommend that we approve no
more than 50% width of the width of the shoreline, which I believe you have 46 feet of
frontage, that would only be 23. I was comfortable with a little bit more than that. 46
minus 10 on each side would be 26 feet.
Mr. Moore - OK.
Chairperson Sigel—And given the... I can appreciate your desire for a larger dock to take
greater advantage of the water, but also that is a fairly constrained area and the lots are
small.
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Mr. Moore - The initial design was larger, so we came up with this design to conform to
the code, so I could take 5 feet off of the Ell, but take it out a little bit farther then?
Chairperson Sigel—Is there...?
Mr. Moore- There's a square footage...
Chairperson Sigel—Is there a problem with sliding everything to the south?
Mr. Moore -No.
Chairperson Sigel—And I should ask other board members how they feel.
Mr. Krantz—What about neighbors? You're essentially land locking them.
Mr. Moore- Land locking the neighbors?
Mr. Krantz — Yeah, between the dock and putting the boat up on the thing there, you're
stretching right across.
Mr. Moore - Right.
Chairperson Sigel — Well, maybe in this case it would make sense to have our public
hearing before we get too far into moving things around. OK, so if there aren't any other
questions for right now, we'll open the public hearing.
Chairperson Sigel opened the public hearing at 7:58 p.m.
Chairperson Sigel — Sir? If you want to come to the end here, that would be great. And
please begin with your name and address.
Mr. Thaler - My name is Richard Thaler, I own the property at 1030 East Shore Drive,
and have been the owner of that property since 1973. I am here to object to the building
of the facility as it is projected. I want to show you some photographs that were taken
this afternoon. Unfortunately I didn't have enough time to get duplicate copies made, but
I want to pass this around to you to show you the encroachment on the lake that has been
done by the Moores. At the time that they got their permit, there was supposed to be rip
rap only in the foundation. Instead of that, they have raised the elevation of the entire lot
by 3 feet, which puts our beach 3 feet lower and subject to erosion. And I've given you
pictures showing what's happened to my beach. If they are permitted to put this hoist up,
not only have they destroyed the beach, they will also destroy the visibility from my
porch, because the boat, when it's there is right in the line of sight and you can see it
from the pictures that were taken. And I understand that Mr. Moore indicated that he
talked to the neighbors and nobody objected or they were in favor. He never talked to
me, not about this project he didn't, and I just... I'm reluctant to take a position this
strong against a neighbor, but I have to tell you, our cottage will probably be next owned
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
by my daughter and son-in-law who are here, and my feeling is this was supposed to be a
prize. We spent a great deal of money re-doing the cottage. The lady next door, who just
passed away, Lee Lee, I supported her application to build a new house for over 200 and
some odd thousand dollars. This board asked her to move, and gave her a variance to
move the front of that house back away from the shore so that the visibility from both
sides would not be imposed. If this is allowed to happen, whoever owns Lee Lee's
house, is going to have the same problem that I have.
Chairperson Sigel—The problem with visibility?
Mr. Thaler- Now, let me indicate to you. You can see the size of the rocks that are in the
lake, and I wonder whether the Corps of Engineers knows that there has been an invasion
of the lake of about five feet by those rocks. And they also, the rocks on the north side of
the property caused the erosion to my property.
Chairperson Sigel — Thank you sir, for your comments. I don't think that there's really
anything this board can do regarding the fill he's put in. I mean, if it wasn't allowed by
his prior approvals...
Mr. Thaler- It was not.
Chairperson Sigel—Then the town staff should bring some...
Mr. Thaler - I call that to the attention of the Code Enforcement and ask them to take
whatever necessary steps are necessary, otherwise I'll do it. The Corps of Engineers is
going to be notified concerning the encroachment on the lake because this is a five foot
encroachment, and, on top of that, if you give them permission to put the dock in, that
means that that dock will be five feet further into the lake than I'm sure that the Corps of
Engineers would allow.
Ms. Balestra—The Corps of Engineers actually allows 100 foot long docks...
Mr. Thaler- I'm sorry...
Ms. Balestra- ...before they need to have, before they have significant issues.
Mr. Matthews —Could you repeat that please?
Ms. Balestra — The corps of engineers generally will allow docks up to 100 feet long
before they have any significant issues in this particular navigable water.
Mr. Thaler- But not on top of an encroachment, that's from the lake shore.
Ms. Balestra—I can't speak to the encroachment, I know there was a rip rap wall that was
allowed and was approved by the Planning Board. As to whether that is what is actually
being constructed on the site, I do not know, but our building department will look into it.
26
TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
Mr. Thaler- If I could have my daughter speak... she's also an attorney.
Chairperson Sigel—Sure.
Ms. Medeiros - I just wanted to add to...
Chairperson Sigel—Could you just start with your name please?
Ms. Medeiros - Sorry, Katrina Thaler Medeiros, I live at 402 East Upland Road, I'm the
daughter to the owner of the property at 1030 East Shore Drive. Two comments: first,
the way I understand the dock lift being positioned on the southern portion of the dock,
you have to understand that it's going to interfere again, we have windsurfers, sailboats,
things that we launch from our beach and having the dock lift on the southern portion is
going to effect our ability...
Chairperson Sigel—The northern.
Ms. Medeiros - On the northern portion, I apologize, on the northern portion. It's going
to affect our ability to continue to do that, and then also coming into shore, we're going
to have to... because you have to keep in mind our dock does Ell towards the south or
towards the position of the dock or and the boat lift, so it's going to create a precarious
situation of us trying to navigate back to the shore. And again, the only other aspect, with
the interference of the view, that obviously adds to the negative effect or impact that this
proposal has on the public, and I think that's one of the factors that you're constrained to
consider in granting a variance. Just a comment to Mr. Moore, had you come to us with
this project so that we could have discuss its advantages and possibly work this out prior
to this meeting, it would have been nice. But again, those are my two comments.
Chairperson Sigel—Thank you. Would anyone else like to speak? Sir? Please.
Mr. Terry - Good evening, my name's Bob Terry. I guess you'd call me an interested
party. I own numerous properties on Taughannock Lake, including where I currently
reside, 925 Taughannock Boulevard. It would be across the lake from all this. Just, I've
been on the lake 40 years, and it used to be pretty much a catch as catch can. A lot of
abuses happened in this particular situation, I know, I've been abused by neighbors and
I've seen a tremendous amount of this. However, in the wisdom of the Town Planners
and so on, in 2004, April to be exact, they made this new ordinance. Three feet from the
property line for a dock, that's got a to be a side yard clearance, whatever you want to
call it, the setback, is my understanding, is this correct?
Chairperson Sigel—That's correct.
Mr. Terry - And that, there's a great deal of wisdom there, because as I say, I have got
encroachments on everything I own from past incidents where people have encroached,
and if your deeds are like mine, people who own property on Cayuga Lake, you own
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TOWN OF ITHACA ZONING BOARD OF APPEALS
MONDAY,MAY 15,2006
APPROVED MINUTES
where? Not to the water line, to the mean low water mark is where your deed measures,
so you are on that lake as much as 20 or 25 feet where you physically own...
Chairperson Sigel—OK.
Mr. Terry - So all this activity is happening not in federal watershed or whatever, it's in
your own property where this discussed thing is happening here. But the importance of
those setbacks is not to be neglected, the dock in itself is a pretty innocuous substance, it
doesn't do a whole lot. But the activity it creates, and I think that was the intent of the
2004 ordinance, because of the activity, boats coming in and so forth was the idea of the
20 foot setback. In my opinion, a lift is certainly high a traffic commodity as a dock
would be, in all honesty, maybe even more so. Most people sometimes just swim off
their dock or sit there, but I think the spirit of this thing should be extended to cover lifts
and boathouses as it's stated docks. The law should be amended to allow for that.
Chairperson Sigel —Personally I agree with you. I think it was possibly just an oversight
to not mention boat lifts.
Mr. Terry - I didn't bring the Town of Ithaca letter describing this, but it sounded like
that was one of the main objects of the exercise here this evening, was to establish yes,
indeed, a boat lift and a boat house takes on the same character as a dock.
Chairperson Sigel — Well, that is something that the board could consider tonight,
although personally I would rather leave that to the Town Board to do, to just simply
modify the code rather than have us make an interpretation. Because, actually, the
wording is rather clear, they very clearly do not mention boat lift, yet I think the intent
was probably to include it, because, as you said, it's just as much of a structure that can
impede navigation as a dock. But I think it can...
Mr. Terry - Thank you.
Chairperson Sigel—Thank you very much.
Ms. Balestra — Kirk? I'm going to pass around another aerial photo that was actually
included in the Planning Board packet from this project. It's just to illustrate the other
docks North and South of the proposal just so that the board can see.
Chairperson Sigel — OK. Does anyone else wish to speak? OK, if not, we'll close the
public hearing.
Chairperson Sigel closed the public hearing at 8:08 p.m.
Mr. Niefer — I question whether it's appropriate for us to consider this with the shadow
that as far as compliance with the corps of engineers. If he came, I believe that the
property owner should come to us, and say, with a written approval of the corps of
engineers confirming that what he has done is in compliance with the restrictions and
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stipulations that they have given him in all their correspondence. And perhaps for us to
go ahead and take a position on this at this time with that cloud hanging over the matter
may not be appropriate.
Chairperson Sigel—yeah, well, he does have a permit though.
Mr. Niefer — Well yes, but you have to comply with the terms and conditions of the
permit. And that's the question on the floor, is he in compliance with the terms and
conditions of the permits that have been issues.
Mr. Ellsworth—Are you talking about the rip rap?
Mr. Niefer—Yes.
Mr. Ellsworth—OK.
Mr. Kanter—We're also not sure whether it's in compliance with the Planning Board site
plan approval of the seawall, so that is definitely something that [inaudible] objected to.
Mr. Niefer—The town's site plan approval is one thing. Are you also confirming that the
rip rap conforms to what the state engineers have specified and the he's in compliance
with the permits that have been issued by the state for the rip rap?
Mr. Kanter— The sea wall plan that the Planning Board approved was the same one that
went to the corps of engineers for the permit. So, if the sea wall is not consistent, then it
is not consistent with either plan. So, we don't know that.
Mr. Niefer — Shouldn't we as a board have some confirmation that he has complied that
he's complied with the state permit for putting it in?
Mr. Kanter — Well, that certainly could be a condition of any approval you give tonight.
It's up to the board, though, to determine whether you need that information before you
proceed or not.
Chairperson Sigel — We could for instance, if we're concerned about compliance, is
condition our approval on submission to the Town of a subsequent letter stating that the
wall is in compliance.
Mr. Niefer — And that no further work on the dock go forward pending such receipt of
that.
Chairperson Sigel—We could condition the... do docks get a separate building permit?
Mr. Kanter—Yes.
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Chairperson Sigel — So we could condition issuance of the building permit on the Town
receiving such a letter.
Mr. Niefer — And then of course there's the issue of centering the dock on the property
too, and whether that's dealt with at this time or a subsequent time, and also the size of
the dock and the lift situation, too.
Chairperson Sigel—Yeah, I think we could deal with all that tonight, and decide that, and
then just, as we discussed, just condition it on those factors. And as I started to say
before we had the public hearing, it was my feeling that it would be a reasonable balance
between the benefit to the applicant and the neighbors to require a ten foot setback
including the boat lift on both sides. Which would require, which would move
everything south by seven feet, and then require the Ell shape to be five feet shorter to
maintain that ten feet on the south side.
Mr. Matthews — I'm concerned that, I previously asked a question about centering the
dock on the property line, do you recall that?
Chairperson Sigel — Well, it's a matter of what you're considering centering. Are you
talking about centering just the dock portion, or...?
Mr. Matthews —There's a diagram right here of the property and the dock overhead view.
Chairperson Sigel —Right, but there's also a boat lift and I'm talking about centering the
entire...width...
Mr. Matthews —I am too, I am too.
Chairperson Sigel - ... and I think the applicant indicated that just technically the dock
portion is not exactly centered but is substantially centered.
Mr. Matthews —Not by this it isn't, can you see it?
Chairperson Sigel—No, that's a, that's not a very good drawing.
Mr. Matthews —It isn't?
Chairperson Sigel—No. If you look at, I think the drawing overlay, the drawing prepared
by Town staff overlaid on the satellite photo...
Ms. Balestra — This is a little bit more accurate. The drawings submitted by the
applicant, unfortunately are not to scale. So, they show a bit of a different view.
Chairperson Sigel—Yeah, that's somewhat distorted.
Mr. Matthews —It's still not centered.
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Chairperson Sigel—No, but it's not too far off.
Mr. Matthews — It's got some way to go. My other question is, have you closed the
public hearing? It's not closed yet, OK.
Ms. Hunter- Yes he did.
Chairperson Sigel—I did close it.
Mr. Matthews — You did? OK. Is the Ell shape 15 foot necessary for the dock to be
functional?
Mr. Moore - If you want it centered, I would be willing to take 5 feet off of the Ell to
move it down 7 feet.
Mr. Matthews —Is it necessary to have the Ell on the dock, I'll repeat that again?
Mr. Moore - Is it necessary to have the Ell on the dock? Because of the square footage
requirement of the dock, we narrowed the dock to six feet going out, so 6 feet for
swimming and that sort of thing, we would like a little larger space on the end for kids or
anybody out there together to make it safer than just the width of the 6 feet. That's what
the Ell is for.
Chairperson Sigel — I don't think it's a case of strict need, but the applicant is actually
doing a pretty good job of complying with the dock ordinance in most respects as far as
length and square footage.
Mr. Matthews — I'm merely suggesting, and it's all my authority is to suggest, if I'm a
member of this board, some movement on your part to satisfy a neighbor who is less than
pleased.
Mr. Moore - Definitely I would be willing to take the 5 feet off. What else are you
looking for? To take the complete Ell off?
Chairperson Sigel —I think Mr. Moore has just indicated that he would not mind terribly
moving the dock 7 feet to the South and shortening the Ell to the extent necessary to
create a ten foot setback on both sides.
Mr. Krantz — On the basics of need to decide right now that the lifts and the hoists are
part of the dock.
Chairperson Sigel — I don't think we need to because we have the authority to make
whatever conditions we feel are necessary for each case, so in this case we could
condition a ten foot setback for the boat lift as part of the dock approval, even though the
ordinance may not, one reading of the ordinance may not strictly require it.
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Mr. Krantz—OK.
Chairperson Sigel — But I think that the Town Board should modify that to include any
other structures, not just docks as part of the setback.
Ms. Brock — I don't think the Planning Board considered the boat lift part of the dock
when they were calculating the permissible area.
Mr. Moore -No, they didn't.
Ms. Brock — They were just looking at the Ell structure, and saying that was the dock,
and they did not count square footage of the boat lift in it, but that's the Planning Board,
and they're not... you are charged with interpretation—interpreting the Code.
Chairperson Sigel — I think it might complicate things more than it helps to make that
interpretation.
Mr. Krantz—OK.
Chairperson Sigel—But since we can get the same effect.
Mr. Ellsworth — Well, I agree with Jim, because the rip rap is out too far, then that puts
the starting point of the dock out too far, out farther than it would be if that rip rap was
brought back, which it could possibly be, five feet, according to the neighbor.
Chairperson Sigel —Well, we're not, in this case, the dock's not a particularly long dock,
so I'm not... if it's just five feet out further, I'm not that concerned about that, I am
concerned that obviously what he's done as far as the wall being in compliance.
Mr. Ellsworth—Well, I think we need to make that a condition.
Chairperson Sigel—I agree.
Mr. Ellsworth—And I would agree with what he's talking about, modifying the section in
the center.
Chairperson Sigel—Modifying? OK.
Mr. Moore - The DEC and Army Corps of Engineers have both been notified when the
completion of the rip rap wall was completed. I don't know if they have come down and
visited it to survey the rip rap wall, but we both notified them that it was completed.
Chairperson Sigel—OK.
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Mr. Moore - So whatever they do as far as follow-up should have been done a few
months ago.
Chairperson Sigel—OK.
Mr. Moore - And I'm sure I can get something from them stating that it's installed
correctly.
Chairperson Sigel — OK. I mean I think in our condition we could leave it up to the
director of Planning and Zoning discretion as far as what constitutes satisfactory evidence
that it's installed correctly. Because you need to be satisfied that the Planning Board
resolution is in compliance, so...
Mr. Moore - And one other thing. When I did put the wall in, I stayed off of the northern
property line three feet more than I was granted, so I already pulled the wall back towards
the north, so I didn't put in as much wall as I was allowed. So, as far as, from Dick
Thaler's property line, I could have gone up to it, and I talked to my excavator and told
him to stay at least three feet off of his line.
Chairperson Sigel—OK.
Mr. Matthews — The dock going out, addressing Mr. Ellsworth's concern, as well as Mr.
Niefer, the dock length going out into the lake is not of our concern.
Chairperson Sigel — Well, it is within the allowance of the zoning ordinance, right, it's
only 30 feet.
Mr. Moore - Yeah, the square footage amount is what you have to take into account.
Chairperson Sigel—Right.
Mr. Moore - So, we're actually going for a 60 foot dock before, and after talking to the
offices here, they recommended this shape and this square footage amount. So, I know
you've probably heard about another one up the lake that you granted a 60 foot variance
dock...
Chairperson Sigel—I think so.
Mr. Moore - So I'm keeping it as small as you're requiring.
Mr. Krantz —I'm still a little confused. A 20 foot setback is normally required, correct?
Chairperson Sigel—Yes.
Mr. Krantz — But you're suggesting that we should modify this and allow a ten foot
setback?
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Chairperson Sigel—That's my suggestion, yes. I mean in this case, I'm trying to balance
the benefit to the applicant versus the detriment to neighbors and the community. I mean
this is a narrow lot, if it was a wider lot, you know, I wouldn't be as inclined to suggest
that. But, the lot's only 46 feet wide and trying to allow the applicant to get a reasonably
useful dock that I think is still fairly consistent with the docks in other parts of the area. I
mean some of these other docks are right on the property line, I mean I bet we can find
one that's even over the property line just because people haven't been that careful in the
past. So, it's my personal opinion that the 10 feet setback on either side is a fair balance.
Mr. Matthews — So, Mr. Thaler is bringing up the rip rap and everything else, and it
really is of no concern to us, here.
Chairperson Sigel—Well, no, I think it is of concern.
Mr. Matthews —With regards to what ordinance?
Chairperson Sigel — Well, we wouldn't want to grant approval for a dock that was say,
connected to a shoreline that was not in compliance.
Mr. Matthews —But we're finding out that the shoreline is in compliance?
Chairperson Sigel —We can condition approval on evidence being provided to the Town
that what's been done at the shoreline is in compliance.
Mr. Matthews —All right, now you're also suggesting that the 20 foot side yard setback,
if that's what you want to call it, we're going to allow or think about or consider going in
10 feet?
Chairperson Sigel—Yes. That's my suggestion, and anyone else is free to...
Mr. Matthews —Yes, I understand.
Chairperson Sigel - ...make another suggestion.
Mr. Matthews —I understand what you're saying about a useful dock and so forth, but it
seems to me that going 50%into the side yard setback is a considerable amount.
Chairperson Sigel—It is.
Mr. Matthews —It's getting kind of close.
Chairperson Sigel — It is, and it's really the... the nature of the shoreline and dock
installation is very irregular.
Mr. Matthews —I understand that, we can't change nature.
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Chairperson Sigel—Yeah, and it's hard to change docks people have already put in.
Mr. Matthews — So, to try and get an accommodation by neighbors and so forth. I think
there's an issue here that we can't address, and that has to do with neighbors. They're
going to have to work that out. All we can do is consider the appeal.
Chairperson Sigel—Right, and we...
Mr. Matthews —That's it.
Chairperson Sigel - ...we have to determine what we think is a reasonable balance.
Mr. Matthews —That's right.
Ms. Brock — It might be useful for you to go ahead and make the determination as to
whether the boat lift in subject to the setback requirements or not. If you determine it's
not subject to the setback requirements, it's possible that with the modifications that have
been discussed, that the northern setback requirements are actually met, that there are 20
feet between the dock and the northern boundary. It still wouldn't be met on the southern
side, but you could then have that discussion about whether you feel the encroachment
into that setback is one that is appropriate or not. So, it may be that you should go ahead
and make that determination.
Chairperson Sigel—Well, I was, I was hoping to avoid that.
Ms. Brock—I know.
Chairperson Sigel — And I don't really think we need to make that determination in this
case, because part of approving a non-conforming dock, we can set other conditions that
we feel are appropriate, one of which being that the boat lift be, have a certain setback.
So we don't have to determine whether it's subject to setback to set a condition that it be
setback. And I...
Ms. Brock — I guess that depends on whether the board is inclined to grant or deny the
variance.
Mr. Matthews — OK, can I ask a question? It may help the discussion along a little bit,
and I often ask this question, what is the basis for setback requirements? Why? Why
can't you build up to the property line? Do you know?
Ms. Brock — Well, the Town Board has determined through the Zoning Code that they
want to have a certain amount of space...
Mr. Matthews —For what purposes?
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Ms. Brock—For what purposes? Well, in this case,perhaps passage on the water.
Mr. Matthews —Passage on the water?
Ms. Brock — Right. In this particular instance here. I mean, we often have on land
setback requirements, too, for light and air requirements to preserve characters of the
neighborhood where buildings aren't connected one to the other, as you might find in the
middle of a large urban area.
Mr. Matthews — OK, so it seems to me, thank you, it seems to me that we have to
consider if this boat lift imposes on those niceties, if I can use that term. Does this boat
lift impose on the use of the lake or the use of the neighbors property or the visual effects
of the neighbors property? Am I on the stream here?
Ms. Brock—Yes, I think that would be an appropriate factor to consider.
Mr. Matthews — So a boat lift is not very high, so I don't know if it obstructs much view,
but it certainly would obstruct some movement of a boat, if you'll draw an imaginary line
down the property line.
Chairperson Sigel—Certainly, yeah, you can't drive through it.
Mr. Matthews —You can't drive through it.
Chairperson Sigel —And with a boat in there, it would obstruct your view I think at least
as much as a dock, if not more.
Mr. Matthews —Sure, but if you moor a boat along the dock, you get the same thing.
Chairperson Sigel — Well, except that boat's not as high. The boat lift lifts it out of the
water.
Mr. Matthews —Three feet, yes?
Chairperson Sigel — Yeah. Well, Susan, do you think it is important that we make that
determination? I mean I was hoping to just let the Town Board choose to modify and/or
clarify the ordinance as they see fit rather than have us decide what it means, I mean not
that they couldn't always change it again, but I just didn't think it was critical for us to
make that determination, given that we could impose... we could have, we could achieve
the same effect by just imposing a condition.
Ms. Brock—Well, I think it really depends on what the board wants to do at this point, if
they think they need to do it or not. I had thought perhaps the way some of the
discussions were going, that it might be something they'd want to know. In fact, would
this proposal as the modifications have been described comply with the setback
requirements or not. That might be something that you want to know.
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Chairperson Sigel —That's true. If you believe that the way the Code is written that boat
lifts are not subject to setback, then Susan's right, then if we require them to slide it
South seven feet as we have discussed, then the dock would actually be in compliance on
the North side, because the dock itself would be 20 feet from the line. The boat lift
would go another 10 feet.
Mr. Matthews —Would be imposing in...
Chairperson Sigel — Would be imposing in, but if you read the Code, let me see if I can
find... it says "every pier, dock, or wharf, that is constructed shall have a minimum
clearance or setback of 20 feet from adjacent property lines." That would appear to be
fairly explicit, because they do, in another part of that same section there's reference to
"fishing gear, docks, wharves, boathouses, cabanas, seawalls, consumer waterfront
structures," so the specificity of pier, dock or wharf would appear to at least initially to
exclude the boat lift since it is mentioned elsewhere and it is specifically left out here.
Mr. Matthews — I'm not a mariner, I think the biggest thing I ever steered is a rowboat.
Can a boat lift be put on the end of a dock?
Mr. Ellsworth -No.
Mr. Niefer—It's not particularly practical.
Mr. Matthews —No?
Chairperson Sigel—No, access to the boat I think would be difficult.
Mr. Moore - Yeah, you have to get in and out of it.
Chairperson Sigel—You'd have to get in and out...
Mr. Moore - Over the front.
Chairperson Sigel — ...from the bow or the stern. I mean I suppose to could put it across
the end...
Mr. Moore - I think that would be worse as far as obstructing view, you're widening any
obstruction even if it's three feet, is there to keep it narrower.
Mr. Matthews — I don't understand why you couldn't put a boat lift on the end of the
dock when we have an Ell shaped dock.
Mr. Moore - You could.
Mr. Matthews —You can?
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APPROVED MINUTES
Mr. Moore- I would imagine you could, but...
Chairperson Sigel—You could, but...
Mr. Moore - ... the end is going to be in deep also because the lake drops off there, so I
don't know how you would be able to do that in 15 or 20 feet when they are put here in 3
or 4 feet of water. So I don't know if you have to do some sort of pilings to attach it too.
This particular type of boat lift that I gave you a picture of is a low profile, it just sits on
the bottom of the lake, it's removable.
Chairperson Sigel—OK.
Ms. Brock—Could it be put on the southern end of the dock?
Mr. Moore - The southern side?
Ms. Brock—Yes. Sorry.
Mr. Moore - Probably, yes. Then we would have the same situation. Most of the docks
are Ell shaped towards the south all the way up through there and they're right next to
each other, and they are put on the right side of the property lines close to the neighbors
property in order to do the Ell shape on most of them, then they'll lease the next two to
the north of this property, that's the way they are. So I was trying to conform my dock to
match theirs and even go smaller.
Mr. Kanter — Also just for information purposes, I was just noticing on the drawing, the
air photo drawing, the Thaler dock, although it's not scaled off, appears to be roughly 10,
11 feet from that side property line extended out as well. So if that were built today, that
also would not conform with the zoning code requirements.
Chairperson Sigel—The southern edge of their Ell.
Mr. Kanter—Right.
Chairperson Sigel—Yeah.
Mr. Moore - I'm essentially putting the dock exactly where the old dock was, but angling
it away from the northern property.
Chairperson Sigel —Well, I mean we could debate various configurations for quite some
time, but my feeling is that we have come up with what, personally, I think is a
reasonable modification to what the applicant desires, that for me meets the balancing
test.
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Mr. Matthews —Well, I understand the balance requirement and so forth, but I personally
have a difficulty imposing on the neighbors by going into the setback further than we
should. Five feet's nothing, but we're going in 10 feet, 50%. I think that's asking too
much, I think that's imposing too much on the neighbors.
Chairperson Sigel—Well...
Mr. Moore - When I initially got the layout for the proposed house that I'm building here,
both my neighbors properties are three feet off of my property line. When I initially
requested the new structure that I'm building, I came ten feet off of each property line, so
I've always consistently been aware of my neighbors needs and try to give them as much
a buffer as possible, but down here all the houses are lined right up next to each other, so
I just wanted to mention that.
Chairperson Sigel — I mean I agree with Mr. Moore to a certain extent here in that, he is
right. For instance, Mr. Thaler's dock to the north, the northern edge of that dock sits
pretty close to the property line.
Mr. Matthews —That was before us.
Chairperson Sigel — Right, but placement of other docks has sort of created a situation
where you don't have quite as much flexibility in placing future docks. And again I think
that the dock is in character with what other docks are there.
Mr. Krantz — Yeah, I think that cutting the setback of 20 feet in half over neighbors
objections and on a property whose, we don't know if the shoreline is in compliance or
not, and we're not really figuring whether we're figuring boat lifts and hoists in or not,
we're really sort of driving us into an unwise decision. I know you want to be amicable
and the gentleman's agreed to some modifications and such, and it would be nice to get a
solution, but I'm not happy with the solution.
Mr. Niefer—If we were to use the 20 foot setback, you have a 46 foot lot, if you were to
have a 20 foot setback on either side, that leaves you 6 feet. And as far as having a dock
with a boat lift, you can't do it. So the person then is totally deprived of their ability to
use the waterfront. Is that really what we want to do to have rules that the net result is if
you do that, the value of the property decreases, too. So that's a factor.
Mr. Krantz—Yes, it's a definite factor.
Mr. Niefer — So to some extent I think Kirk is in the right direction as far as finding a
medium balance with the [inaudible] situation.
Chairperson Sigel — Would you like to hear Mr. Thaler's opinion of the proposed
modification?
Mr. Krantz—Sure.
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Mr. Matthews —It would help.
Chairperson Sigel—Mr. Thaler...
Mr. Thaler- I'm sorry.
Chairperson Sigel —Would you mind coming back and commenting on the proposal that
we're considering. We'll re-open the public hearing.
Chairperson Sigel re-opened the public hearing for the comments of Mr. Thaler.
Chairperson Sigel — We're... Mr. Moore's application originally was for his boat lift to
be approximately...
Mr. Thaler- Three feet from my property line.
Chairperson Sigel — From the property line, yeah. And what we're considering, or what
I've proposed, is moving everything that he has proposed seven feet to the south to make
it a 10 foot setback, rather than 3 feet, and I just wanted to ask you if you wanted to
comment on that, if you felt that that was a significant improvement, or...
Mr. Thaler - I think that's an improvement, but it's still going to be the problem or
blocking the visibility, going to the south, not only of my property, but of the Lee Lee
property, which is just north of mine, and of course Lee Lee is no longer with us, and I
don't think anybody from her estate knows about this meeting tonight, and my feeling is
if you move the dock to the south, so that it's in the center—you have the variance on the
ten feet or the twenty feet on each side — and there's no boat lift, I don't have a
problem...
[tape is changed]
Mr. Thaler - ...lift, okay, with the boat on it, is going to block the visibility of the City of
Ithaca and also the west shore from porch and Miss Lee Lee's house. My feeling is there,
there is no other dock facility down at that part of the east shore that has that situation.
Chairperson Sigel—The dock and boatlift?
Mr. Thaler—Well, there is a boatlift, but not located so that it blocks views.
Chairperson Sigel—Okay. Thank you very much.
Mr. Thaler—Thank you.
Chairperson Sigel — Well, I think in this case that if push came to shove we might lose
the argument as to whether we can actually specify the setback of the boatlift. For
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instance, if we required Mr. Moore to have a dock comply in every way, say the 20 foot
setbacks and he just built a 6 foot dock, he could still put in the boatlift because I don't
think the ordinance specifies a setback for boatlifts. That is something that we could
determine as a board.
Mr. Niefer—Would a boatlift be a structure?
Chairperson Sigel—Um, well it is a structure.
Ms. Brock—It is a structure, but the Code says the 20 foot setback applies to piers, docks,
and wharves.
Chairperson Sigel — Specifically, so I think probably the intent was to apply to boatlifts,
but the way it is worded, it doesn't appear to.
Mr. Krantz — Well, everybody is in agreement then on the placement of the dock, both
you and us and them. Now the only question is, do we have the right to determine about
if there is a boatlift or not. And if not, this is all solved.
Chairperson Sigel — I actually don't think we could actually. I mean, I suppose if we
were going to grant any kind of variance on the dock we could condition that upon no
boatlift, although I think that might be extreme, but we could if we found that was
necessary to mitigate.
Mr. Krantz—If that's not our right, then I don't see why we should...
Chairperson Sigel —In fact under what I proposed, the dock on that north side is actually
in compliance. It meets the 20 feet. Then the boatlift obviously would encroach 10 feet.
Is that...?
Mr. Matthews — We can't win for losing. I mean if we say no boatlift we may be
violating the spirit of the law if nothing else of the ordinance since it does not prohibit
boatlifts.
Chairperson Sigel — Right. I mean we could attempt to make a finding where by
prohibiting the boatlift was necessary to balance the dock being larger than allowed or
with too small setback, but I don't think that is appropriate myself. So are you
comfortable with the proposal?
Mr. Krantz—Yes.
Chairperson Sigel — Okay. So, Chris, we do have an environmental assessment for this.
Do you want to make any comments?
Ms. Balestra — I need to re-familiarize myself with it, actually. Another staff member
prepared the environmental assessment.
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Chairperson Sigel — I actually just realized we also have to discuss the request for the
mooring. The applicant has requested...
Ms. Brock—The Code requires 30 feet setbacks and he is proposing to place the mooring
in the center of the parcel as you extend it out from the land, which is...
Chairperson Sigel — The mooring, I don't...in the section discussing moorings, it says,
,'moorings shall be placed so that objects moored to them at full swing of their mooring
or anchor line will be no closer than 10 feet to the projection of the adjacent property
lines," essentially the same line we have been talking about and I don't...and that 10 feet
I think is an important requirement to prevent interference with or the chance of any
interference with a neighboring property. So even if you center the mooring, it is 23 feet
either side, you subtract off the 10, you've got 13 feet and moorings do not stay in place
perfectly, you have some slop there. So you are getting down pretty much to a rowboat
that you can put on this mooring and not violate the 10 foot setback. So I have a hard
time understanding how that mooring could be useful to you given those constraints,
unless you were assuming that you could violate the 10 feet.
Mr. Moore—No. I was trying to keep it within a reasonable distance of the shore, but not
go too far out into the lake. I thought that there was a requirement that you couldn't have
it out from shore for a specific distance.
Chairperson Sigel — Well, there is actually, but that's not what I was concerned about. I
was concerned about the distance from whatever you moor to it, to the property lines.
There is a requirement that anything you attach to the mooring not swing closer than 10
feet to either side line and I am just assuming that there has to be at least a few feet of
play in a mooring and then you subtract off the 10 feet from the 23 and you're down to
10 or 11 feet in length that your boat could be and it is just doesn't seem like you would
want to moor a 10 foot boat.
Mr. Moore—That's true. I was thinking about the sailboat. So if it was reasonable to put
the boatlift and the dock system in, then I would do away with the mooring.
Chairperson Sigel—Okay. That addressed my concern.
Mr. Matthews — I guess it can't be done, but it would be nice to have some photographs
of the neighbors viewpoint, literally.
Chairperson Sigel—Well, I mean, you can sort of eyeball it from the satellite photo.
Mr. Matthews — Well, I don't know how high their house is. I don't know where their
porch is or their shore is. That would help a great deal. Right now I am going on the
trust factor that Mr. Thayer is going to have his view considerably blocked and it would
help if I had actual photographs of what it would look like.
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Mr. Ellsworth—We have one. This is the lift in the up position.
Mr. Moore — That is a different boatlift. That is just an example of what I was planning
on putting in just to show the profile of it not being high. There was concern about a roof
being put on it or sides or poles going up. This just sets on the lake bottom and it is
almost level with the height of the dock. So it doesn't obstruct any view as far as the lift.
The only thing that would obstruct the view is when you put a boat in it and lift it out of
the water.
Mr. Matthews —Do you know how tall the boat is?
Mr. Moore — Well, it depends on what type of boat you put in there then that would
determine that. Generally this boatlift is designed for a 22 foot boat.
Mr. Matthews —Can you estimate how high that would be above the level of the dock.
Mr. Moore—Three or four feet.
Chairperson Sigel—Miss, would you like to speak? We could reopen the pubic hearing.
Chairperson Sigel re-opened the public hearing at 8:45 p.m. for the comments of Ms.
Medeiros.
Ms. Medeiros —I just wanted to point out in the pictures that Dick Thaler submitted there
is...I mean I took one of the pictures standing on our porch looking as we would towards
the....(not audible)....and the riprap where I would imagine that the dock is going to
extend out and look in the direction toward the inland and that is the view that really is
affected.
Chairperson Sigel—Okay.
Mr. Matthews —Where is that? I would like to see it.
Chairperson Sigel—So which one is...? Ms. Medeiros explains picture to the board.
Chairperson Sigel — You can see the stake in the ground there where the property line
ends.
Ms. Medeiros —Exactly. The other point that I would like to make is, we need windows
to look that way as well...(not audible).
Chairperson Sigel — So if you can try to estimate 10 feet over from the stake that is in the
photo and project out that is approximately where the boatlift will be and the dock would
be 20 feet over. Any comments? It's a little hard to tell.
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Mr. Matthews — On one hand I am not crazy about imposing and if you move the dock
over you are less imposing on that side yard setback. Looking at this photograph and
trying to picture a boat being lifted there over the winter or something like that, I don't
see the view as being tremendously obstructed because if you are looking at 180 degrees
as your view, as it were, it looks like they are imposing 10 or 15 percent of that view
field. That is all. I would hope that the neighbor would be accommodating in that
regard.
Chairperson Sigel — Okay, if there are no further questions or comments, I will move in
regard to the appeal of Timothy Moore to make a negative determination of
environmental significance for the reasons stated in the Part II Environmental
Assessment form prepared by Town Staff. Second?
Mr. Ellsworth—Second.
Chairperson Sigel—All in favor?
Board—Aye.
ZB RESOLUTION NO. 2006- 039 : ENVIRONMENTAL ASSESSMENT
Timothy J. Moore, Appellant, 1028 East Shore Drive, Town of Ithaca Tax
Parcel No. 19.-2-16, Lakefront Residential Zone.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth
RESOLVED that this Board, in regard to the appeal of Timothy Moore, makes a
negative determination of environmental significance for the reasons stated in the
Part II Environmental Assessment Form prepared by Town staff.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: None
The MOTION was declared to be carried.
Chairperson Sigel — I will move to grant the appeal of Timothy Moore requesting
variances from the requirements of Chapter 270 Article VII Section 270-45A1b
subparagraph 10 of the Town Code to be permitted to construct a dock on the property
located at 1028 East Shore Drive, Town of Ithaca Tax Parcel Number 19.-2-16, Lakefront
Residential Zone with the findings that the requirements for an area variance have been
satisfied: specifically that the benefits sought by the applicant cannot be achieved by a
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different means, that there will not be an undesirable change in the neighborhood, that the
request is substantially encroaching 50 percent of the setback and that the alleged
difficulty is not self-created, that weighing all those factors that the benefit to the
applicant does outweigh the detriment to the community. And with the following
conditions: that there be a 10 foot setback both to the north and the south for all structures
proposed by the applicant including the boatlift, which would mean that the boatlift must
be setback 10 feet from the northern property line, the dock itself may be then 6 feet and
that the L extension must be setback a minimum of 10 feet from the southern property
line and that accepting those modifications that otherwise the dock and boatlift structure
must be constructed as indicated by the applicant, with a second condition that the
applicant must present to the Town prior to issuance of a building permit for the dock and
boatlift, evidence that the applicant's permit with the DEC for the riprap wall has been
complied with and also a determination by the Director of Planning that any requirements
from the Planning Board regarding that wall have also been met.
Susan, anything you would add or change?
Ms. Brock—I think you had also discussed dropping the mooring.
Chairperson Sigel — Yeah. I guess we could maybe just note as a finding that the
applicant agreed to withdraw his application for a mooring, for a mooring variance.
Anything else you would suggest?
Ms. Brock— I don't know if this will have to go back to the Planning Board of a modify
approval there so I think another condition should be that if deemed to be required by the
Director of Planning...
Mr. Kanter—No, if required by the thresholds in Section-whatever in the Code.
Ms. Brock—270-45, oh, for modification. It is not 270-45.
Mr. Kanter—I'm hoping it doesn't, but you're very well possibly.
Ms. Brock — All right. So I think we should have another condition that if deemed
required as specified by the Zoning Ordinance that the applicant receive modified
approval from the Planning Board.
Mr. Kanter—It would be site plan and or special permit.
Chairperson Sigel—Okay.
Ms. Brock — Do you want to have any conditions about the appearance of the boatlift
itself in terms of walls, roofs?
Chairperson Sigel —We have a condition that the boatlift have no roof structure, no side
walls, that it be essentially as indicated on the photo submitted by the applicant.
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Mr. Matthews —You can use the photo as part of the motion?
Chairperson Sigel—Yeah, that it be essentially as shown here. Second?
Mr. Ellsworth—I'll second.
Chairperson Sigel—All in favor?
Board—Aye
ZB RESOLUTION NO. 2006- 040: Timothy J. Moore, Appellant, 1028 East
Shore Drive, Town of Ithaca Tax Parcel No. 19.-2-16, Lakefront Residential
Zone.
MOTION made by Kirk Sigel, seconded by Harry Ellsworth
RESOLVED that this Board grants the appeal of Timothy Moore, requesting
variances from the requirements of Chapter 270, Article VII, Section 270-45
(A)(1)(b)[10] of the Town of Ithaca Code to be permitted to construct a dock on a
property located at 1028 East Shore Drive, Town of Ithaca Tax Parcel 19.-2-16,
Lakefront Residential Zone.
FINDINGS: The requirements for an area variance have been satisfied,
specifically-
1.
pecifically:1. The benefit sought by the applicant cannot be achieved by a different
means;
2. There will not be an undesirable change in the neighborhood;
3. The request is substantial, encroaching 50% of the setback; and
4. The alleged difficulty is not self-created, that weighing all those factors,
that
5. The benefit to the applicant does outweigh the detriment to the
community.
6. The applicant agreed to withdraw his application for a mooring variance.
CONDITIONS-
1.
ONDITIONS:1. There be a 10 foot setback both to the North and the South for all
structures proposed by the applicant, including the boat lift, which would
mean that the boat lift must be setback 10 feet from the Northern
property line, the dock itself may be 6 feet wide, and that the Ell
extension must be set back a minimum of 10 feet from the Southern
property line, and that excepting those modifications, that otherwise the
dock and boat lift structure must be constructed as indicated by the
applicant.
2. The applicant must present to the Town, prior to issuance of a building
permit for the dock and boat lift, evidence that the applicant's permit with
the DEC for the rip rap wall has been complied with, and also a
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determination by the Director of Planning that any requirements from the
Planning Board regarding that wall have also been met.
3. If deemed required as specified by the Zoning Ordinance, that the
applicant receive modified site plan and/or special permit from the
Planning Board.
4. The boat lift have no roof structure and no side walls, and that it be
essentially as indicated on the photo submitted by the applicant.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK, thank you.
Mr. Moore—Thank you.
APPEAL of Michael Pinnisi, Appellant, Burke Carson, Agent, requesting
multiple variances including from the requirements of Chapter 270, Article VII,
Section 270-41 regarding number of permitted principal uses, Section 270-47(C)
and (F) regarding side yard setback and minimum setback from the shoreline,
and Section 270-48 regarding maximum building area. Variances are also being
requested from Article XXV, Section 270-204(A) and (C), Section 270-205 (A),
and Section 270-206(C) and (D) of the Town of Ithaca Code regarding non-
conforming uses of land and structures, to be permitted to build an addition to a
partially demolished lakefront structure located at 891 Taughannock Boulevard,
Town of Ithaca Tax Parcel No. 25-2-15, Lakefront Residential Zone.
Chairperson Sigel — Good evening, if you could just begin with your names and
addresses for our records.
Mr. Pinnisi—My name is Mike Pinnisi and my address is 520 Cayuga Heights Road.
Ms. Anderson—My name is Paige Anderson and my address also is 520 Cayuga Heights
Road.
Chairperson Sigel — And if you want to say anything before we get started here, if you
have anything to add to what you have sent us or any comments you would like to make?
Mr. Pinnisi —Yes. Thank you. I will try to be brief with the comments, but there is one
thing that I would like to add. A couple of things to add. First, in terms of comments, I
hope its been clear from our submissions that what we are hoping to do is enhance the
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shoreline where we own the property by putting it back into the same condition it was in
for generations, for decades and in fact to make it better. What we are hoping to do is to
improve that cottage by making it conform in terms of style and condition to the
surrounding cottages, which are all done in stone and cedar shingle with white trim, like
New England seacoast cottages. We have been successful in restoring 2/3 of the
property. It has been universally acclaimed that what we have done is very beautiful and
has enhanced the neighborhood and we hope to do that for the third parcel down by the
water. It is currently an eyesore and it is a shame because it is potentially a very
attractive property. That particular building because of the topography doesn't trouble
anyone. It is nestled against a slope. It doesn't affect anyone's view of the lake, view of
the water. I believe that the planning report had some misunderstandings about the
project thinking that we are going right up to the water line and thinking that we are
making a bigger building than we are. So what I would like to add is a reference actually
to the record of this own body's paperwork, from the 2002 application for Mr. Newell. I
know technically I don't need to add this to the record because it is already in the public
record, but I do want to draw your attention to the plot plan that was submitted in June of
2002 that showed the existing structure and I am sorry I only have the one copy because I
dug this out just today, but it shows that what we are proposing to build is more than 20
feet back from the shoreline and that the encroachment is only 3 feet on the existing
building. It otherwise is not encroaching and not otherwise requiring a variance that I am
aware of.
In terms of the use, we are propose an extremely modest use. Oh, I'm sorry. I
forgot to add one thing. The diagram also shows that we are several feet back, not only
more than 20 feet from the shoreline, but several feet back from the seawall, which is
itself back several feet from the water. We are within, for the most part, the existing
footprint of the building, in fact, we propose a more modest building than what had been
there for decades. As we noted, I think very clearly in our papers, we are a much more
modest proposal than what this very board approved in 2002, not only for the lakefront
property, but for the entire parcel.
The one other piece of information that I want to add is that I was able to contact
the bank's appraiser this morning, Mr. Gary Bucci, and he was not able to be here
tonight, but he did say that he agreed that the waterline parcel is essential to creating a
value of the property. That the bank will declare our financing in default if we don't get
to improve the property down at the waterline and he said he would be happy to support
this...these findings as necessary as this board may require. So I am looking forward to
the opportunity to answer any questions that you have with concerns about the project.
We had thought it was quite a modest thing that we are trying to just put one room back
where it had been for years and years for use as a seasonal guest cottage.
There is a planning report that came out against was quite a surprise for us. We
are hoping that that position may change now that there is more clarity about the limited
scope of what we are hoping to do and I invite your questions,please.
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Chairperson Sigel—Well, I will begin just by saying that it took me quite a while to get a
grasp around all of the issues regarding this case and I had to go back and look at what
we did with Mr. Newell and the discussions we had with him and what was approved
with him and what was not approved and all that. Four of the board members in total
were on the board when both of Mr. Newell's applications were made so we are pretty
familiar, but to help me and also to help the other board members I made up a sheet of
paper, which I am happy to give you as well, indicating sort of trying to summarize what
I see as the events that have gotten us here. Maybe we could just take a minute while
everybody reads it.
So we can begin by discussing anything I mentioned here or anything any other
board members want to begin with.
Mr. Pinnisi—Mr. Chairman, if I could add a couple of points?
Chairperson Sigel—Sure.
Mr. Pinnisi —Mr. Newell's application also asked for a use variance to include an office
in addition to the residential uses. He also proposed excavation and construction on the
slope. He also proposed expanding the volume of the property down at the shoreline by
increasing its height and its square footage by putting a deck over the top of the roof,
which would have increased the square footage of that property by approximately 40
percent and the volume by about 25 percent. We are proposing none of those things. So
we see what we are offering here as a very minor subset of what was carefully reviewed
and approved four years ago. Unfortunately Mr. Newell did not follow through on what
was approved properly and so we return to discuss the issue again, but this time without
the issue of expanding the upper cottage, without excavation or construction on the slope,
without any office use that would increase traffic and congestion and change the nature of
the neighborhood, and without expansion of the property down at the shoreline.
Chairperson Sigel —I'm not...Jon, do you remember if...I don't think a home office was
a use variance in the old ordinance, was it?
Mr. Kanter—No. It wasn't.
Chairperson Sigel—I think that was by special permit or special approval.
Mr. Kanter — Yeah. As long as it conformed with all the size and types of uses that
would...
Chairperson Sigel—I think his proposed home office was not a use variance.
Ms. Anderson — That is correct, but I believe there was a concern about traffic volume
and parking issues.
Chairperson Sigel—There was.
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Ms. Anderson—So that is why we are bringing up the home office.
Chairperson Sigel — There was definitely...I mean we were concerned with traffic and
such with the whole proposal in its entirety and certainly that included the home office,
but my concern here is that through these events you have arrived at the need for a use
variance, which is a very difficult test to meet. I haven't discussed this with other board
members yet, but my personal feeling is that you don't meet those criteria.
Mr. Matthews —For a use variance?
Chairperson Sigel—For a use variance. I mean the crux of the whole thing is that you are
looking to restore a residential unit, essentially. A structure that can support living,
which call it what you will, a separate residence or residential unit, whatever, you are
looking to restore something that has a kitchen, a bathroom and living facilities. In the
Town, in this zone, there is only permitted one of those. One structure. You can have the
second dwelling unit in a structure, but you cannot have two structures. You already
have two structures and you are requesting a third. The goal of any zoning ordinance
when it declares things to be nonconforming is to bring those things back into
conformance and the mechanism for that is when something lapses, as according to the
criteria that then the use expires and you now obviously need a use variance and I just
don't...I have a hard time with that for a third dwelling unit in an area that only allows
one and where even having two is rare, having three...I don't think any of us are aware of
any that have three.
Mr. Pinnisi—I would like to address that if I could.
Chairperson Sigel—Please.
Mr. Pinnisi — What you describe I don't take issue with, but what I do say is it is the
larger purpose of this board to preserve the character of the neighborhoods by the use of
the zoning ordinances. It is not to apply a vision application of the rules, rather that is
why you have the power and the discretion to grant variances when it is wise to part from
the strictures of the rules in order to work the greater good. For this particular parcel, we
have demonstrated that there is no economically feasible way to keep the small cottage
atmosphere that has persisted on that stretch of the lake since before any of us in this
room were born. There is economic pressure to be tearing these things down and to be
putting up very large structures. In fact, 100 feet to the north of where we are is a lot
where a modest cottage was torn down and a monster house was built. I don't know how
many thousands of square feet it is, but it is thousands. It is the most prominent building
on our end of the lake. That is destroying the character of the neighborhood. I was very
taken by Ms. Balestra's report at the last page where it talks about the impact of
accumulated approval of large nonconforming structures or expansion of existing
structures that the existing cottages are being demolished and replaced with two and three
story year round residential homes. If we don't have a variance here, I would like you to
take a look at what is going to happen to this lot. When you take the side yard setbacks,
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it doesn't leave a lot of room in the middle. What you would end up having is a two or
three story structure, which goes right up the middle of the lot, starts at the edge of the
hillside and goes back kind of long and skinny and two to three stories tall. You take
down all of the buildings and you can now build a structure that is at least 3,000 square
feet, put a big parking area up on there and what does that do? It takes out at least four
structures and replaces it with one large one and it encroaches on the view of the
neighboring properties. They now no longer see north or south as well as they have
before where what I am talking about doesn't encroach on anybody's view.
Now the worse scenario is that one of the neighboring lots gets combined with
this lot. Now you can build a 4,000 square foot structure or 4,500 square foot structure
and you have lot five little cottages. What we have demonstrated to you is the only way
to avoid that is to make it economically feasible to continue the small cottage use
structure. I'm very self-conscious about making these points because when we bought
this place, you know what the realtor told us? They said that these are tear downs. You
have to tear down these little cottages and then you can put up your big, beautiful new
home. We looked at them and said these are quaint, cute little old places and wanted to
keep them and restore them. We did and we did at great expense, but now what we have
found is renting them out at the top of the market is a losing proposition. We have shown
two different things about economic and feasibility. We have showed first that the value
of the parcel has declined. We bought them a year ago and put over $50,000 into
improving the two upper cottages and we got rewarded with an assessment that dropped
the value by $20,000. So I have lost $70,000 already trying to renovate the upper two
cottages.
Chairperson Sigel — But I believe that was part of a countywide adjustment. My
property, which is no where near this property, also was reduced.
Mr. Pinnisi — It was reduced, but what I am saying is the effect of putting $50,000 into
fixing...I don't know if you put $50,000 into your place, but that meant something to me
and it counted for nothing. I also put soft costs into planning for the rest of...architects
and engineers and landscapers, etc and that all counted for nothing. So the value of the
property itself is not going to meet the mortgage if the third property is declined. I also
demonstrated that it is losing on a cash basis. It does not support its debt and taxes,
saying nothing for maintenance costs or utilities or whatever and certainly nothing for a
capital improvement budget. It is a losing proposition. The way you turn all of this
around and make it a self-sustaining property is to restore it to a three-unit use. That was
the testimony of Christopher Agagnost to this board in 2002. He was foresighted. He
was right. It cannot be done economically without having a third unit otherwise it is
loser. So when I looked at the criteria for use variance and the very first one says that
applicant cannot realize a reasonable return as shown by competent financial evidence, I
have shown it the only ways it is possible to do it, a decline in absolute value and a loss
on a cash basis. There is no argument before you that this is an economically sustainable
model as it is. What you are saying is, we need to tear this down and put up one large
house because the two cottages just don't support value. Its gets sold, it gets combined
and it gets knocked down and turned into something bigger.
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Mr. Krantz—What is the size of your lot?
Mr. Pinnisi—It is 21,000 square feet.
Ms. Balestra—The most recent information that we have is that is was 19,272 square feet
plus or minus.
Mr. Pinnisi—Sorry. That is right. Thank you.
Chairperson Sigel—So 18-7?
Ms. Balestra — There is a bit of a discrepancy with the actual size of the parcel. I have
seen numbers that say 18,700 square feet. I have seen numbers that say 19,272 square
feet. So it is approximately 20,000 square feet.
Mr. Krantz—You are allowed 20 percent coverage?
Ms. Balestra— 10 percent coverage. The old zoning ordinance, which was in effect in the
2002 proposal allowed a 20 percent coverage. The zoning ordinance was updated to
include this lakefront residential zone and in that the lot coverage was reduced to 10
percent lot coverage.
Mr. Krantz—So even if you built one house, it could not be more than 1900 square feet.
Chairperson Sigel—With the footprint.
Mr. Matthews —How long was this old building down by the shore there. When was it
built?
Chairperson Sigel—In approximately 1920.
Ms. Anderson—That is our best understanding,right.
Mr. Matthews —Is there a provision for grandfathering that replacement?
Chairperson Sigel — There is and the ordinance says that if you demolish a structure or
part of that structure that you have to rebuild it within one year and this was demolished
in the fall, I believe of 2002.
Mr. Matthews —Part of it was taken out.
Mr. Kanter—Well the use was discontinued for a year.
Mr. Matthews —So was it vacant for a year?
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Ms. Balestra—At least.
Mr. Matthews —Is that what it was meant to be? A residential unit?
Ms. Balestra—It was.
Ms. Anderson—It was occupied at the time Mr. Newell made his application.
Ms. Brock—So it was a nonconforming use, but it was allowed. It was grandfathered in.
the problem here is that that nonconforming use was discontinued for more than a year
when the building was partially demolished. Nobody has lived in it for well over a year.
I mean it has been a number of years now. So under the zoning ordinance if you have a
nonconforming use that ceases for a period of more than one year any subsequent use of
the land must conform to the current regulations. They lose the automatic right to be able
to have that building be a dwelling at this point. That is why they need the use variance
at this point. Mr. Newell didn't need a use variance so his proposal was considered under
some different standards by you back in 2002. He needed a special approval and the
criteria for a special approval are different and not as stringent as the criteria for a use
variance.
Mr. Matthews —It's stringent now, you said?
Ms. Brock — The use variance criteria are more stringent. It is harder to meet. For
example, we have just had some discussion about whether there can be...where the
development can realize a reasonable return and what the case law says under that is that
the applicant needs to show that no permitted use of the property would afford the
applicant a reasonable return. You don't look just at the existing use, but you look at any
use that is permitted under the current zoning and you have to make the determination
that they can't get a reasonable return from any permitted use. That is the first prong of
the use criteria.
Mr. Pinnisi — And my point is that the only way to get that would be to go to the site,
demolish everything and rebuild with a 2,000 square foot house that isn't going to be
worth the cost of buying the lot, demolishing the building and putting up something half
that size. So you cannot do a conforming use that is going to be economically feasible.
Chairperson Sigel — I don't think its also...its not necessarily fair to argue that you are
not getting a reasonable economic return simply because you have negative cash flow.
You could buy any number of homes in this area and not be able to rent them for what
your monthly expenses are.
Mr. Pinnisi — That's why I make both arguments. It is losing on a cash basis and it is
losing on an absolute basis, also. You can buy rental properties and say well I'm losing
on a cash basis, but I get a tax deduction, I'm getting appreciation and so forth. Well, I'm
not getting an appreciation. I'm getting negative appreciation...
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Chairperson Sigel—That's just one year.
Ms. Brock—I thought your application said that the value went up to $295,000?
Mr. Pinnisi—It went down by $20,000.
Ms. Brock—But that was at 90 percent valuation.
Mr. Pinnisi—Right.
Ms. Brock—I thought you have a number in here of$295,000 as the current value.
Mr. Pinnisi —What I did is I took the 90 percent and I did the calculation to say what is
the 100 percent valuation and it is 295 and the 295 is less than the 285 that I spent to buy
the parcel plus the $55,000 that I put into improving it. So it is a net loss of over $50,000
in absolute value in the year and there is no prospect for it to change other than I wait for
the whole market to go while I'm continuing to lose money, over $1,000 a month every
month hoping that the value of the property comes back up to have it break even. In a
conforming use, the economics would be worse because what you have to do is combine
into a single building the dwelling structure which imposes additional demolition costs
and additional construction costs just to end yourself up in the same place.
Mr. Niefer —At the time you purchased this property, were you intending to have it as a
rental property only or were you going to move there and live in one of the units and rent
the other two units?
Mr. Pinnisi—What our intention was and still is, if we are granted the approval, is to take
the two upper cottages and rent them out to visiting faculty and students, and then the
third parcel down by the parcel we would renovate and use it for ourselves as a guest
cottage. We have a primary residence elsewhere and this would just be a guest house.
Mr. Niefer — When you say use it as a guest house, do you mean that you are going
to...(tape flipped)
Mr. Pinnisi - ...use that lakefront property as a primary residence.
Mr. Niefer—At the time you considered purchasing this, did you consider anything there
to be your primary residence?
Mr. Pinnisi—Not in the short term. We think that we may eventually use the upper place
as a primary residence, but not in the short term. It won't fit. We've got children and its
only 600 square feet or so.
Mr. Niefer—When you embarked on this evaluation of purchase, did you have any CPA,
architect or engineer or other consultant come on board to advise you with regard to cash
flow situations, cost of rehabilitation and any of the other upgrade costs that relate to this
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project. Did you get any summary of all the costs that are associated before you
purchased the property?
Mr. Pinnisi —Yes, I did. We did get those calculations and they assumed the restoration
of the missing room on the lakefront property and based upon those calculations it came
out as a positive.
Mr. Niefer—What was the total cost? The rehabbing, and upgrading to get everything in
a situation where all three could be rented?
Mr. Pinnisi — The estimate that we got from...that is reflected in the mortgage, which
came out to...
Mr. Niefer—Is the mortgage $350,000?
Ms. Brock—No. Its $390,000.
Mr. Pinnisi — It is $390,000 approximately and we also are not within that...it came to
$389,569 and we are not going to be able to make that number. The actual costs is going
to be above that number. That figure assumed approximately $45,000 to restore the
property down by the waterfront. The estimate that we have gotten is over twice that. So
we are actually short that number.
Mr. Niefer—But going into this project, the estimates for rehabbing the property, did you
get good figures or just guestimates from someone?
Mr. Pinnisi—We got good figures for most of the cost. We did not have good figures for
the lakefront property because we needed to get approval. What we did with that
property, we contacted the Planning Department and spoke with Mr. Frost and asked if
there would be any difficulty to put back the room that used to be there.
Mr. Niefer — Have you been involved in acquiring any other rental income properties in
the Ithaca area so that you know the market?
Mr. Pinnisi — I have some experience, but I am far from an expert. We're...the only
other rental property that I got in the Ithaca area is that I bought a house for my sister to
live in while she was moving here. She couldn't afford the rents for apartments so I
bought a modest house in the northeast and said here you can could rent this at cost from
me. That is my experience as an investor. I'm sorry if I am naive about this stuff, but
that is about it when it comes to investment real estate. As far as this particular property
goes, once I got word that I would be able to restore that property down at the waterline
and I took the rough contractor estimates that I had, I said that this will work. With that
third unit, I've got use and value that will push this over the top.
Mr. Matthews — Could someone on the board, since I am the only member that wasn't
here at the previous discussion I don't have any biases or prejudices if they are there, I'm
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not saying there are...what is the difference between today and what you approved or
what was approved by the board back when Mr. Newell received his approvals? What is
the difference?
Chairperson Sigel — Once difference is that Mr. Newell was combining two of the units
into one. So he was going to reduce the number of dwelling units from three to two.
Mr. Matthews —How was he going to do that? Was he going to build a hall between the
two buildings?
Ms. Balestra—Right. He was going to connect the two with a breezeway or something.
Mr. Matthews — Basically he really wasn't changing the architecture of the site with a
hall.
Chairperson Sigel —He was, actually. It was sort of an underground tunnel, I think. To
be honest, I never fully understood it.
Mr. Pinnisi — I have the pictures here and I would be happy to explain. What he was
proposing to do is you take a pretty steep grade and what he was proposing to do was
excavate into the shale and to create an underground passageway to connect these two
parcels, digging down to cut into the hillside and then to create this. The idea being up
on top that instead of having discrete small cottages that there was going to be a series of
terraces that were going to come down. Some of the building underground, some of it
exposed and some of it with decking on the top with a net increase of over 1,000 square
feet of footage for those two properties and dig into the hillside. The lower property, you
can see, was going to stay the same in terms of the footprint, but he was proposing to
raise the roof and put a deck on.
Mr. Matthews —Today, you are not doing anything with the upper structures?
Mr. Pinnisi—Correct. It all stays the same.
Mr. Matthews —So given that...
Chairperson Sigel —Under the conditions when Mr. Newell came, what he needed...the
criteria he needed to meet was called a special approval because the zoning ordinance at
the time required simply a special approval to alter a nonconforming use and a
nonconforming structure, not a use but a structure. What he had...the buildings had
various nonconformities so what he was doing counted as just a modification of a
nonconforming structure and that was by special approval, which is a fairly...I don't
want to say easy test, but it's easier.
Mr. Matthews —But he never did it?
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Chairperson Sigel — He never did it. It was a very ambitious project and it never got
anywhere.
Mr. Matthews — So what you have today is Mr. Pinnisi not even concerned about the
upper two structures.
Chairperson Sigel—No. What he has done is renovate them in place.
Mr. Matthews —And that's done?
Chairperson Sigel—That's done.
Mr. Matthews — What he is asking us to consider is to in essence renovate the lower
building.
Chairperson Sigel — Well, what happened was Mr. Newell destroyed part of the lower
structure.
Mr. Matthews —I know that.
Chairperson Sigel — When that was not part of his approval and that is a nonconforming
structure so once that portion was destroyed, the right to rebuild it lapsed after one year.
Mr. Matthews —Okay, but you said here that he was allowed to make minor alterations to
the lower building and repair damage.
Chairperson Sigel — That is what his representation of what he was going to do to this
board was. That he was going to make minor alterations to the lower building and blah,
blah, blah. And that obviously is not what he did since destruction of the building is not a
minor alteration.
Mr. Matthews — So to recap again, to go back so I don't lose track of myself, he is not
bothering about the two buildings up above, we are really concerned about the building
down below by the waterline.
Chairperson Sigel—Right. Only the lakefront.
Mr. Matthews —And it has been there, you estimate since 1920 or thereabouts.
Chairperson Sigel—I think to the best of our knowledge, yeah.
Mr. Matthews —What is changing in the neighborhood by rebuilding that footprint?
Chairperson Sigel — Well, I would argue that he neighborhood has changed around it. I
mean the Town Board through the...presumably through the desires of local residents has
made an ordinance that states that you can only have one residential structure on a lot and
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this would create...the rebuilding of this building would create a third residential
structure on this lot.
Mr. Matthews —But there are already two on there.
Chairperson Sigel—Right. So it already has twice as many...
Mr. Ellsworth - This would be the third.
Mr. Matthews —They're not making them get rid of one of the two.
Chairperson Sigel — No. As long as you continue to use the structure you maintain the
nonconforming use. You maintain the right to continue to use it, but the only mechanism
the Town has for trying to bring properties into compliance is when the use is
discontinued for one year or the structure, in the case of a structure, if it is demolished
and then is not rebuilt within one year.
Mr. Krantz - ...difficulties of parking problems, which is a whole another ballgame.
Chairperson Sigel — For me, it really comes down to the fact that a use variance is now
required and I personally do not feel that they meet the tests. There are four tests for a
use variance. As you can see on the blue card, there is reasonable economic return,
hardship not being unique, not altering the essential character and the alleged hardship
cannot be self-created.
Mr. Matthews —The gentleman has spoken to the financial situation and he claims that he
is under some economic duress.
Chairperson Sigel—He has, although I would argue...
Mr. Matthews — We don't have a competent financial advisor here, but some of them
aren't competent either. Excuse me for my humor. The requested variance will not alter
the essential character of the neighborhood and I would argue that the third structure is
already there.
Ms. Balestra—The third structure is 75 percent gone.
Mr. Matthews —Okay and they are not going to change the footprint.
Mr. Pinnisi—I disagree.
Mr. Matthews —It has been there. It has been there since 1920. So lets forget about the
change in the ordinance and so forth you are not really...
Ms. Balestra—You can't forget about the change in the ordinance.
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Mr. Matthews — For this point. You are not changing or altering the character of the
neighborhood. You are imposing on the ordinance, but you are not changing the
character of the neighborhood. Different point.
Mr. Ellsworth — Well, you are because it's a residential zone and you are talking about
three rental units.
Chairperson Sigel — Three units on a lot is essentially a multiple residence zone, not a
single family zone to have three residential structures on one lot.
Mr. Matthews —But it has been that way.
Chairperson Sigel—That is true.
Mr. Matthews —So he is not changing the character of the neighborhood.
Mr. Niefer — You forfeited your right to rehab that third unit by reason of the fact that
more than a year has gone by and the property hasn't been used for the purpose of rental.
I mean it's the statute.
Chairperson Sigel—As Jim points out, the right to the use has expired. Now the question
is, do we allow a third use where there are only now two permitted.
Mr. Matthews — That is the direction I am arguing. I am trying to slip in here on the
change of the character of the neighborhood by saying, disregarding for the moment for
the argument the ordinance, the neighborhood is not being changed.
Chairperson Sigel — We could go to other points. I mean you have to meet all four
criteria.
Mr. Matthews — I'm trying. And the alleged hardship has not been self-created.
Obviously he has not created the hardship.
Chairperson Sigel — Well, no, obviously...my understanding of case law is that by
definition they have created the hardship because by purchasing a property and in this
case, possibly paying too much, you have created the hardship. If they can't...if you do
accept the fact that you can not receive reasonable economic return then it is because one
year ago they paid too much. You have to make these arguments before you buy a
property. You have to make these arguments as a condition of sale, not buy it and then
say...well, every other person on the lake could say that they want two or three
residential units because it will increase the value of my property.
Mr. Pinnisi — Yeah, but they could only get that if they had the properties there
previously. If I could address some of these points that have come out because I do have
disagreement about the facts. That building has not been destroyed. It is not 75 percent
destroyed. It was a one bedroom house or cottage, whatever you want to call it. What is
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still existing is the kitchen and all of the electrical system, all of the plumbing system,
two different bathrooms, a bedroom, a deck, all that has been taken off of it is the
equivalent of like a sunroom or an extension where you just put a glass box that has no
plumbing, almost no wiring, no structural load. It is just there to create some living
space. So to say that 75 percent of the house is gone, I don't think is a supportable
statement. The house is still there.
Ms. Balestra — With all due respect Mr. Pinnisi, according to the survey that you gave,
the existing building is 350 square feet. That is physically...when you look at the
property you see a portion of a building that is 350 square feet according to your
measurements. You want to add an additional 540 square feet. So you are correct. It is
not 75 percent gone, but if it is a 900 square foot building and that is the original footprint
that you are building on that is...
Mr. Pinnisi —You are measuring it only by square footage. The idea of when you try to
build a house, what you spend money on is what is there. Okay? The structure is there.
The plumbing is there. The wiring is there. The underground plumbing is there. The
septic system to pump the sewage up is there. It has electricity. It has got everything.
All it doesn't have is a sunroom stuck on it.
Ms. Balestra—That is going to be 66 percent larger than what is existing.
Mr. Pinnisi—It doesn't have to be 66 percent larger.
Ms. Balestra—I don't want to argue this. Physically speaking...
Mr. Pinnisi — Please. I didn't interrupt you. Please. It doesn't have to be 66 percent
larger. It can be whatever this board says that it will be. The idea is, I don't need to have
it be the same footprint. I was told before I purchased the property that if I stayed within
the footprint I would be approved. I wouldn't even need a variance. If you want to put a
condition on this that it is going to be a smaller building, I don't have any problem with
that. Okay? But the idea of killing the existing building that is there and all it needs is to
be told you can go ahead and live in it, I take disagreement with that. As far as the issue
being do you allow a third use on the parcel, my view is very...is what Mr. Matthews has
been saying. I am not changing the character of the neighborhood. I am keeping the
character of the neighborhood. And you are not being asked to approve anything other
than extending the amount of time that is allowed to restore a structure that has been
existing for 80 years. You don't have to go and say we are going to do everything, we
have to recheck everything on the property. I disagree with the way that the issue has
been framed. You don't have to do all those things. You just have to decide whether I
get a variance to extend the amount of time to do what you approved for Peter Newell for
that one building. That is a lot easier to bite off than what is being talked about here. As
far as the hardship, I created it? That over looks an important fact. My due diligence on
this project included coming to the building department, pulling the file to look at the
public record on this building. I looked at what had been approved previously and I
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checked with the Director of Planning Department and I said can I do this and he said
yes.
Mr. Kanter—No. No. No. You didn't speak with me about that.
Mr. Pinnisi—You were not here at the time.
Mr. Kanter — I was here at the time. You spoke with Andy Frost, who was the Director
of Building and Zoning, who has since retired and he gave you, apparently in your
statement a verbal comment. There was nothing in writing indicating that you could do
what you say you could do.
Mr. Pinnisi —He said he couldn't give a written opinion about a project that didn't exist
yet.
Mr. Kanter—Exactly.
Mr. Pinnisi—What more could I do before I bought the property?
Ms. Brock—But you did look at the files that were here at the Town? Because Mr. Frost
has a letter dated February 11, 2003 to Mr. Newell stating that you have demolished part
of the building, that is not in compliance with what the ZBA had authorized you to do,
and before you do anything else on this, you are going to have to go back to the ZBA for
either an interpretation or a modification. Didn't that ring any alarm bells for you that
perhaps if there were to be any further work on that lakeshore building that there might
be some need to come back before the ZBA? I mean that is what Mr. Frost put in writing
to Mr. Newell. Now you are saying you thought you didn't need to come to the ZBA for
anything based on some statements that Mr. Frost made to you, but if you looked at the
file then you probably saw this letter that does say in writing that further action is going
to be needed by the ZBA.
Mr. Kanter — Did you also look at the new zoning ordinance when you bought the
property?
Mr. Pinnisi — I knew that the property was nonconforming. I was aware of that, but I
thought that in light of what I seen approved, in light of what Mr. Frost said to me and
what my common sense told me, it didn't seem to be much of a stretch at all. I'm trying
to make something better here and I'm trying to stay within what has been there forever
and what Mr. Frost said to me made perfect sense. That I might have to come back and
ask for something if what I was trying to do was to do the entire grandiose project that he
was talking about. I had no intention of doing that. So when he said that the little bit that
I was planning to do would not require a variance I thought that made perfect sense and I
went with it.
Ms. Brock — His letter did not deal with the whole project. It only dealt with the
lakeshore dwelling.
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Mr. Pinnisi—But his approval was for an entire project, it talked about.
Ms. Brock — Well the ZBA gave the approval. He didn't give the approval. The ZBA
gave the special approval.
Mr. Pinnisi—Right.
Ms. Brock—It wasn't Mr. Frost's approval. It was the ZBA's approval.
Mr. Kanter — Also, apparently the part of the house that was demolished was done
without a demolition permit so that was counter to the Town's regulations as well.
Chairperson Sigel—To me there is a substantial difference between the situation with Mr.
Newell and now and that comes down to the tests that we are required to apply to the
situation and the special approval test is not a stringent test. It is somewhat similar to an
area variance, where it is a balance and at the time the board voted to approve that. Part
of it was a negotiation with Mr. Newell. Part of it was reducing the number of residential
units from three to two. Now...and you stated that all you are really asking for is an
extension of time to rebuild, but we don't have that mechanism available to us. The
ordinance does not permit an extension of time after 18 months. It allows 12 months to
rebuild and then if you need more time you can come and request more time, within an
additional six months you have to appear, and then the criteria that we will use is an area
variance criteria, which would not be as hard to get to get the extension for more time to
rebuild. But, that has long expired. We don't have that option and the use has expired.
For me, that is the crux. I mean we have talked some about area variance criteria here
and maybe there you have a little better argument, but you can't build a structure if it is
illegal to use. So you have to get over the use variance criteria first and I don't see it.
Mr. Pinnisi — Well, let me ask you something. Mr. Newell's plans were approved and
they were never built. They have not been built by anybody for years and the reason they
have not been built is because they don't make any economic sense. Nobody in their
right mind...
Chairperson Sigel—Mr. Newell had some problems in his life is what I understand.
Mr. Pinnisi — I didn't buy the property from Mr. Newell. I bought it from Pamela
Johnston and she had plans to put one big house on the parcel and she abandoned those
plans and the house went under contract to somebody else. He broke the contract
because he could not find an economically way to develop the property. It was marketed
to me as a teardown, sir. They said there is no way to keep the cottages there. They said
that you have to knock them all down and put up a big house and that is how you make
economic sense out of the property. This board would be proving them right if you deny
this proposal because the only way to make a conforming use that will have any
economic sense there will be knock down all of those cottages and put up one big glass
house. The worst part about it is, the best economic pressure will be to consume one of
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the lots to the north. If you look at the tax map, you will see that the property to the north
was actually subdivided at some point, turned into two smallish lots where the houses are
both crowded on the property. The smart thing for a developer to do is buy my parcel
and to buy one of those parcels to the north, knock down four cottages, put up one big
house. It is not economically viable to do a single family house other than knocking
down all of those cottages. Mr. Newell's plan of digging into the hillside is prohibitively
expensive. It would have enormous environmental impacts and nobody in their right
mind is going to do it. So when you say we are going to put a conforming use on this
site, what you are saying, in effect, tear them all down. And that is Mr. Matthew's point.
That that is the opposite of preserving the character of the neighborhood. So I urge
you... and its actually the Planning Department's own concern. What we are looking at
here is applying a rigid reading of the rule in order to bring about what we all fear, which
is to tear down, three, four, maybe five existing structures to put up one. Then what is the
character of the neighborhood going to be like? How are you going to resist the next
application for the next big box when 100 feet to the north there is that giant thing that
looks like a cathedral and then there is going to be one big one on this combined lot and
then the next person is going to say, let me put up my next big house. I am trying to
preserve the character of that neighborhood by doing the most modest thing possible. All
you have to do in order to do that and say, yeah, this is pretty unusual, three uses, but
when you put all those three uses together, it is like one bedroom here and two bedrooms
here and it functions the same and is actually a lower density use than houses on either
side of the property. And if you want to impose conditions on me, I am fine with that. If
you want to say that thing by lake can't be used as anybody's primary residence that is
fine. If you want to say that it can't be as big as I wanted it and you have to shrink it
down, that is fine. If you want to say that if it is going to be occupied it can only be by a
single resident. I'm okay with that, too. I just say that we have to put a property down
there or else they are all going to go.
Mr. Kanter—I don't know if anyone from the public wanted to speak, but there is a letter
from Carolyn Greenwald and Adam Schaye that does address the issue of the character of
the neighborhood and you might want to take a look at that. Its part of the public record
because they do contend that reconstructing that house would change the character of the
neighborhood. That is consistent with what the Planning Department memos, despite the
applicant not agreeing with our statement of facts. That is what our memo indicates.
Mr. Pinnisi —I received that letter just today. It does thank me for the efforts I have put
into cleaning up and restoring the property. It says that the structures were in bad shape
and the property is vastly improved and I am to be commended for my efforts. What I
am telling you, if you gentlemen...
Mr. Kanter—Excuse me. Has the Chair recognized you speaking? I was addressing the
board asking them read the letter, not having you read certain parts of the letter that you
wanted them to hear. If you would let them read the whole letter, they will see what the
letter says. You don't have to tell them what it says.
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Mr. Pinnisi —I would be delighted. Actually, my concern was that all you did was point
out that he was concerned about changing the character of the neighborhood.
Mr. Kanter—No, what I pointed out is that they should read the letter.
Chairperson Sigel — Okay. Okay. Okay. Lets let the board members read the letter and
then Mr. Pinnisi you can make any comments you would like about the letter.
Mr. Pinnisi—Thank you, sir.
Mr. Krantz — I have a couple of comments. First, one is addressed to you, Dick. You
made a big point about that third criteria. That third criteria, requested variance will not
alter essential character of the neighborhood. It refers to today. Not to last year, not to
ten years ago, not to history. It refers to what it is now. Okay? And the neighborhood,
the essential character of the neighborhood is that it is zoned for a single residence.
Period. We are not talking about what was grandfathered in before. The second thing is
you are talking about three houses versus one house. There is a real parking problem
there. Do you think you are going to have as many cars in three houses as you have with
one residence? It is an unsafe parking area there. Do you acknowledge a parking
problem?
Mr. Pinnisi — If I could address...do I acknowledge a parking problem? I acknowledge
that it is not optimal and it could benefit from improvement, however, I point out that it
has adequate spaces and it has four to five parking spaces currently and although the
driveway is steep,it has not been changed in 70 years and nobody has had a problem with
it. I also point out that in the 2002 application, when it was being looked at for both the
upper cottage being expanded and the lower cottage being restored and the middle
cottage being permitted to have an office use, this board found no problem with parking.
It expressly found that the parking is adequate and we quoted that both from the Planning
Department's memorandum and this board's finding.
Mr. Kanter—That's not quite correct.
Ms. Balestra—Can I speak to that actually?
Mr. Krantz—There is a thing in here that says it is dangerous.
Mr. Pinnisi—That is from the 2006 report. I was quoting the 2002 report.
Ms. Balestra — I have both EAFs that were done because the original proposal was
actually in 2001 and there was an environmental assessment done then and that
environmental assessment stated that with having three residences on the property,
parking appears to be severely lacking. Besides the two stall garage, it appears that only
one or two vehicles would fit in the driveway. The neighboring house also appears to use
this driveway. So that is the original EAF done for this proposal.
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Mr. Pinnisi—What document?
Chairperson Sigel — I think she is reading from the EAF for Mr. Newell's first
appearance.
Ms. Balestra — Then the one in 2002 that you referred to, you are correct in saying...it
still says that with the possibility of two residences because it was a revised proposal and
a home office on this one property, parking appears to be severely lacking. He states the
same thing. You are correct in saying that on the next page he does sort of contradict
himself where it says, it appears that the parking may be adequate for the residences since
all three residences have previously been rented at the same time.
Mr. Pinnisi—That is what I was referring to.
Ms. Balestra— But I just wanted to point out that there are two other places in the EAFs
where it does state that the parking is severely lacking. One of the things that staff
wanted to know is that there is a two stall garage currently on the property, but it is filled
with storage. It is not utilized as parking and then as one suggestion that we had, and I
know we are not doing the environmental thing yet, but one of the suggestions that could
possibly alleviate at least the parking issue is to utilize the garage.
Mr. Pinnisi—Sure.
Ms. Balestra—And it's not right now. As far as the driveway going into the site, it may
have been that way for 70 years as many of the other parcels that have been that way, but
it is still a danger and it is still a significant safety issue and it would only need, I think,
minor improvements and that is the only thing that we would be asking for, is to make it
a little bit more level. On a site visit I was trying to get out of there and I had to go into
the northbound lane with visibility completely obstructed in order to get out into the road.
It is scary.
Mr. Pinnisi — Yeah. It's not great and if we get the third parcel, the lakefront place
approved, I will be happy to upgrade the drive and the parking and so forth, but it is
currently cost prohibited. I am already out tens of thousands of dollars. I am happy to
improve the property to continue improvement. We can put the garage back into use.
I'm not going to let anybody park in there until a structural engineer has inspected it.
Ms. Balestra—That is probably a good idea, too.
Mr. Pinnisi—So I don't want anybody parking in there if it's not safe, but I don't want to
spend money on a structural engineer, suring it up, etc, because the parking is perfectly
adequate for two units. It has been rented out for the past year and not a word, not a
complaint about parking or driveway access. If I have the additional room in the
valuation of the property, I would be happy to say that we are going to smooth out the
entrance and to either improve the garage such that you can park in it or take it down and
make it all one big parking area. Either way we can get additional parking on the site and
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we can get a safer drive. The only thing stopping that is criterion one on the use variance,
which is, is this economically feasible. So that is why...I really...I hate the idea that
there has been sort of an argument that if tone in points here. I would like to think that
we were on the same side here that what I would like to be doing is working with you all
to say how do we save this portion of the neighborhood from being a tear down and
having some developer come in and put a big new garage right up by Taughannock Blvd
with one of those big giant walkways that goes to a big giant glass house and that is what
the future looks like to me and I don't like it. I am a former member of the Board of
Historic Ithaca. I donate to INHS and I believe in saving old buildings when you can and
that is what I am trying to do here. I can't continue to throw tens of thousands of dollars
at this project that just keeps losing on me. I am not a wealthy guy like that and this
project has to stand its own feet and it's not. The way to make it work is to say I get my
cottage down by the waterfront, when graduation weekend comes, I get to take some
money from folks who want to go there for a weekend and for the other times when
people come for commencements and other functions. Then to use it modestly for
ourselves to give some value for all of the investment. That is really what I am looking
to do and if that requires a little improvement to the parking or driveway, fine. If it
requires shrinking the size of the building fine, but just don't kill that third building
because that kills the whole project.
Chairperson Sigel—Any other...?
Mr. Matthews —I think we are repeating ourselves a little bit.
Chairperson Sigel—Shall we open the public hearing?
Mr. Matthews —Sure.
Chairperson Sigel—We will open the public hearing now, sir. Did you want to come and
speak? Please begin with your name and address.
Mr. Terry — I am Bob Terry. I live at 925 Taughannock Boulevard and I happen to own
893 Taughannock Boulevard, which is next door and this property is to the north that we
just referred to. I would like to make one correction. The blue herron got the hen's nest,
Doctor Lam's property. That was a forever wild property owned by the Odd Fellows to
be forever wild and Doctor Lam put the McMansion on it. There was never a tear down
there. That is the property that is 100 feet to the north. Mr. Newell was a dreamer. Mr.
Newell showed up in my living room with these plans and density is part of what it is all
about. Peter Newell was turning it essentially into a one house operation. The lower
cottage was to be his guest house and the other two buildings were to be together. Sure
he was adding some space, but he was the one that was going to use it all. There was no
economics about it. That was his place. He was going to be there. He barely tore that
place up and turned it into a junkyard when he got engrossed into a project up on
University Avenue. He gutted a big house up there. I don't know if he did the sprinklers
in it already...in any event, Mr. Newell, personal circumstances, one thing let to another,
lost the vision. Andy Frost told me personally that it is over with. While Peter still
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owned it he got so involved with these other projects that he just let that time slip away.
At least a couple of years went by and Andy told me personally, this is it. There is no
way he is ever going to build that back. He has done it. So that is the story with Mr.
Newell, but Mr. Newell's claim to fame, if you look in the file you will find a letter from
me supporting Mr. Newell to this board because he came with this beautiful idea of
decreasing the density, which was fantastic and I supported it totally.
Mr. Matthews —Any reference to this appeal?
Mr. Terry—Mr. Newell's.
Mr. Matthews — No. You are not commenting about any reference to this gentleman's
appeal.
Mr. Terry — Not really. I'm trying to put what was previously approved in proper
perspective. It seems like it is being used as a lever to say well that was approved so
maybe this should be approved. I feel it should be put in proper perspective what Mr.
Newell was trying to do. Mr. Newell was dreamer. He was an architect and he had some
nice ideas and he was going to do it, but like some nice ideas he didn't carry through.
That is the end of the story with Mr. Newell.
Mr. Matthews —Again. My question is what does that have to do with this appeal?
Mr. Terry —Well, it seems to be a spring board to where we are now in saying well, that
was approved, so this should be approved. That's why I am making the connection.
Mr. Matthews —And what would be wrong with that logic?
Mr. Terry—Well, it was all about density. He was decreasing density. He, in effect, was
making it a single place. It was just for his use. He was having a guest cottage and one
house. That is what was approved before. The idea of some kind of a greater degree of
nonconforming use had been conferred by this board in that is why I am feeling that and
that is not true. It's absolutely not true.
Chairperson Sigel — You are stressing the point that there was the reduction from three
units to two, even though there was an addition of space, there was a reduction in the
units.
Mr. Matthews —Exactly what?
Chairperson Sigel — There was a reduction in the number of distinct units because of the
connection of the two.
Mr. Pinnisi —But one of the units was replaced with an office. I don't see how that is a
decrease in use. You go from three units to two units plus an office. It actually increases
traffic, it increases the need for parking because he was going to put an architecture office
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there. So clients were going to come in and out and even that parking concern was found
to be no problem. So I don't think the logic is flawed to say that if we are going to go
from three units to two units and an office back to three units that we are asking for
anything unreasonable here.
Ms. Balestra—I have to say that I wouldn't say that it was deemed that parking wasn't a
problem and I wasn't there then, but I would say that it was stated that it was severely
lacking,just no one seemed to make a big deal about it.
Mr. Pinnisi—It didn't prevent a project.
Mr. Krantz —Not to beat a dead horse, the packet we were given has pictures here and it
says existing conditions, which is today. The entrance to 891 Taughannock Boulevard is
unsafe. The driveway slopes considerably. There is almost no visibility existing and
going south. Additional residencies and or vehicles will exasperate safety and traffic as
is. If that isn't conclusive, I don't know what more you can say.
Mr. Matthews —Yeah. I don't want to argue...
Mr. Krantz — And how we can even sit here and consider this with a report like that is
unbelievable to me.
Ms. Brock — Well Mr. Pinnisi did say that he would be willing to smooth out the
driveway entrance and make modifications to make that safer. This board can, if it grants
the variance, impose conditions and that could be one of the conditions.
Mr. Matthews —He said it now. He was very clear.
Ms. Brock — Right. He said it tonight that he would be willing to do whatever needs to
be done.
Chairperson Sigel—Not to discount...
Mr. Ellsworth—We need to finish the public hearing.
Chairperson Sigel — Okay. That is a good idea. Did you have anything else you would
like to say, Mr. Terry.
Mr. Terry—No.
Chairperson Sigel—Okay. Thank you very much. Sir, did you want to speak?
Mr. Carson—My name is Burk Carson. I was agent applier and would be a builder of the
now addition to the structure on the lake. I am actually more back as an observer, just
watching what is going on. What I saw when I went down there was this was, in effect,
building back what was the character of the community and I think that I would argue
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that what we are talking about in the character of the community is not just what is here
today. That would be a legislated character of the community, not what it actually was
and not as it actually exists. By building something back there, it is putting it back into
an original state. Mr. Matthews had asked what has changed. The change is time and a
completely new zoning law. The situation, the physical situation is no different from it
had been for 80 years and the structure sits back on the property. It doesn't get in the
way of anybody's view and I'm pretty...I'm usually pretty much in tune as a builder with
whether something is going to create a problem or not and although I know I have been
on jobs in the Town of Ithaca and I know in some cases it is more difficult than working
in other places, but I just looked at it logically. I went, oh, yeah okay, we'll build a room
back there. I understand and this comes down to definitions and times and your four
conditions, but it is a miscarriage if you judge on those factors alone. Thanks.
Chairperson Sigel—Thank you.
Mr. Niefer—Just one question. Are you appearing on behalf of the applicant?
Mr. Carson—Yes.
Mr. Niefer—You are being compensated by the applicant for your expert opinion?
Mr. Carson—No, well, it's hard to say. He has paid my company money to prepare plans
for this building. So, yes I have an economic interest in it. My comments weren't really
related to that, though. I wasn't paid to appear.
Chairperson Sigel—Thank you.
Mr. Pinnisi — If I could address Mr. Krantz's parking point very briefly. The parking
conditions that you are concerned about, sir, they are feeding a minimum and will
continue to feed minimum of three different dwelling units. If this site is reduced to one
dwelling unit that will be one and there is also a right-of-way over my property to two
other parcels that are to the north. I don't have any obligation to change the drive to any
of those units. Currently as things are configured it is feeding four different dwelling
units. I am saying make it economically viable, give me a fifth, I will improve the
parking and the drive access and it will be to the benefit of five separate households. So
if you really are concerned about access to the drive and the parking adequacy, I believe
that argues in favor of granting the proposal, not against it. If you vote against the
proposal, there is not economic incentive and no legal obligation to change that access.
Mr. Krantz — You mentioned a good deal of money that you have spent already fixing
things up. Don't you think that safety might have been one of them?
Mr. Pinnisi — Safety certainly is. To my knowledge, sir, nobody has had an accident
coming in or out of that driveway ever, in 80 years. So I don't think safety is an issue.
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Ms. Anderson—I would also like to point out that that issue of unsafe driveway or unsafe
parking has never been raised before this board before. Not in either of the Newell
applications. The first time we ever heard it was now.
Mr. Pinnisi—One week ago.
Mr. Krantz—That is in the report that we get. That is where I can tell.
Mr. Pinnisi—I understand that, but it is a problem that has been identified as a hazard that
is going to prevent the project that has not been complained about in the last 79 years and
was not raised as an issue when this was being talked about as an office, when people
who are unfamiliar with the drive are going to be coming and going as customers of an
architecture firm. All we are talking about here is residents who are going to be very
familiar with how to navigate that driveway. So it was actually more unsafe when it was
approved in 2002.
Ms. Balestra—It probably should have been raised as an issue.
Mr. Kanter — I'll just make a very brief comment and that is I think the applicant is
misrepresenting comments that the Planning staff in the environmental assessment form.
These were issues that were raised that we would raise in any proposal. The fact that it
may not have been adequately addressed in past proposals is irrelevant to bringing up a
safety issue today. These issues were for the board's consideration. They were not
saying these issues alone should cause the board to disapprove the action and I just don't
appreciate a lot of the misstatements that the applicant has made in his letter about the
Planning Department Staff.
[tape is changed]
Mr. Kanter - ... in his words, which he tries to counter our words, so you could have
arguments back and forth. Basically, we did what we do with any proposal... it's for the
board's information I'm asking.
Chairperson Sigel —Right, right. Just a technicality, I want to close the public hearing at
this point, for the record.
Chairperson Sigel closed the public hearing at 10:12 p.m.
Chairperson Sigel—I mean, if it makes you feel any better, I don't consider a lot of these
issues, like parking, some of the other things that have been raised, erosion and such, I
don't consider any of those to be show stoppers. As you pointed out, those are all things
that can be solved, you can improve the driveway, you can institute controls for erosion,
you can do all sorts of things to mitigate a lot of the things that the planning staff has
found potential problems with.
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Ms. Balestra—That's actually what the staff is recommending. Oftentimes, when there's
something that is — if we don't have enough information to give a recommendation, we
will say we are not going to make a determination of significance, we want to see more
plans. And with all due respect, the construction plans or the site plans that you
submitted to us don't show several, ten, twenty feet from the property line from the sea
wall, so we are basing our recommendations on the plans that have been submitted.
Mr. Pinnisi - I'm sorry, that was a sketch by Mr. Carson. What he showed is that we're
going within the existing footprint. And that's the diagram he gave. When you put that
with the site plans that are in the record, you see that the existing footprint is several feet
from the sea wall and about 30 feet from the waterline, OK? So I guess the diagram was
misleading, and that's why I wrote in my letter, I wasn't trying to mis-state anything, Mr.
Kanter, what I was saying is that the information appeared to flow from a
misunderstanding that we were going against the sea wall. We are not. So I apologize if
our materials were not clear, but we are not going against the sea wall, we are thirty feet
from the water line or more.
Ms. Balestra — And that would be something that we want to see more detail on, before
we could recommend. And actually the building department will want to see those
documents anyway.
Mr. Pinnisi - OK.
Chairperson Sigel — But for me again, the problem is not... I mean these are largely
issues that would mitigate an area variance, which obviously you need to rebuild the
structure. My problem again is with the use variance, and unless we can get past that,
then discussing all these other issues are pointless.
Mr. Pinnisi - Agreed it's a point of law, and that's why we tried to address each of the
four points for a use variance.
Chairperson Sigel —And I appreciate, I mean, I'm happy to say that you put more effort
into it than almost all other applicants in the past who have requested a use variance, and
I commend you for that, but that doesn't change the fact that I disagree with you on pretty
much every point. To my knowledge, and our Town attorney can correct me, if she
thinks I'm wrong, but purchasing a property and then claiming that you're not getting a
reasonable economic return, having just purchased it, that's by definition self-created.
You paid too much if you can't get a reasonable economic return from your property.
Ms. Brock — Well, I guess I would look at the self-created hardship prong a little
differently. The courts have said, if you purchase property, knowing it's non-conforming
with what you want to use it for, and then you apply for a variance, you've created the
hardship. And I believe that's the situation, here, I believe you said earlier this evening
that you did know when you bought the property it was non-conforming...
Mr. Pinnisi - Yes.
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Ms. Brock — So I think that the courts would find that the hardship here has been self-
created.
Mr. Pinnisi - I knew it was non-conforming if I was not permitted to continue with the
approval that had been granted before, with the understanding... in other words, if I
wasn't able to just build on the footprint that the previous structure had, I knew that that
would then make everything non-conforming.
Chairperson Sigel — I mean the sections in the ordinance for discontinuity for non-
conforming structures and uses, I think is pretty clear.
Mr. Pinnisi - It says it has to be done within one year.
Chairperson Sigel—Yeah.
Mr. Pinnisi - But it was my understanding that getting an extension of that time would
not be difficult, at least that's the way I inferred Mr. Frost's remarks.
Chairperson Sigel — My reading of it, actually, is quite the opposite, I don't think we're
even permitted to entertain such an extension beyond the 18 months, because there's no
listing of any criteria by which we would apply to the decision, so without any
specification of which criteria to use, I don't think we're permitted to even consider it.
Which of course, is why we're at the use variance.
Mr. Matthews —You mean once the 18 months, I think it is you said, are up, that's it?
Chairperson Sigel — Well in the case of the structure, you have a year in which to re-
build, and if you don't, you have up to an additional six months to come before the board
and request an extension.
Mr. Matthews —And then does the ordinance say that it's dead forever?
Chairperson Sigel — And then the ordinance doesn't say anything else, which would
indicate that there is no other option for extension.
Ms. Brock—I think this was governed by the old ordinance at the time...
Chairperson Sigel—At the time, yeah...
Ms. Brock—and it says that "unless work has commenced in accordance with the special
approval, within one year from issuance of the building permit authorizing such work, or
within 18 months of the granting of such special approval, whichever is earlier, the
special approval shall expire, and the permissible uses and construction on the property
shall revert to those in effect prior to the issuance of such special approval." So I think
the operative period was 18 months from when the special approval was given.
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Chairperson Sigel—Right, for special approval.
Ms. Brock—And then when that period ran, that approval expired, there I don't think was
any mechanism under the old ordinance to then apply for an extension of that time. The
ordinance has some procedures, but the old one didn't, for the special approval, I'm
talking about.
Mr. Matthews —Does it then say there can be no more appeal for a special approval?
Ms. Brock—It's expired...and I don't think there's a mechanism...
Mr. Matthews —That's all,just that it's expired? It doesn't say you can't?
Chairperson Sigel—It doesn't say you can't reapply.
Ms. Brock — He could reapply. He could come back to the ZBA with another
application.
Chairperson Sigel — But that's not the mechanism. There's no special approval for this
type of...
Ms. Brock — But he didn't, and then the problem was that there was a discontinuity in
use...
Mr. Matthews —I understand.
Ms. Brock—So the right to use the property as a dwelling then expired.
Mr. Matthews —But there is room for appeal for another consideration.
Ms. Brock — To come back, well as here, to come here, although now we're operating
under the new ordinance because this application came in after the new ordinance was in
effect. That went into effect April 1, 2004.
Mr. Matthews —So the applicant is following the game, as it were?
Ms. Brock—Right, he has the right to come, and that's what he's done, and is asking for
the variances, the use and area variances.
Mr. Matthews — So with respect to you, Kirk, you say you see no mechanism to get back
into the consideration, when in fact...
Chairperson Sigel — Well, no, I said I see no mechanism to allow extension of the time
permitted to rebuild by right, which would have been an easier test.
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Mr. Matthews —But we can grant a special approval.
Chairperson Sigel—No, we can grant a use variance.
Mr. Matthews —OK.
Chairperson Sigel — Yes, I'm not saying it's impossible at this point, I'm just saying the
mechanism is different.
Mr. Matthews —All right, now my question is going to be, how can we do that?
Chairperson Sigel —Well, you have to find that all of the criteria, one through four, for a
use variance have been met, and if you believe that they have been, then you are
obligated to vote in favor of the proposal, and if you think that any of them are not met,
then you are obligated under law to vote against it.
Mr. Matthews — I appreciate that. Now there was a point brought up that this situation
was self-created.
Chairperson Sigel—That was my opinion, yes.
Mr. Matthews — OK, if the applicant in good faith, in good faith, proceeded ahead based
on information he received from an official of the government, and that official being
Frost's comments, and the applicant assuming that Mr. Frost's comments had value, then
he didn't self-create a darn thing. He self-created an assumption, and it's a reasonable
assumption. If I speak to Jonathan Kanter today and he resigns tomorrow, today he was
an official of this government. And it's reasonable for me to assume that Mr. Kanter is
speaking in his official capacity when he talks to me.
Chairperson Sigel—I would agree that it is...
Mr. Matthews —I mean in business that happened to me a lot, I get nailed to the cross.
Chairperson Sigel — I would agree that it is not an unreasonable assumption, however, it
is not a legal basis to use even a written opinion of an officer. I mean, the bottom line is,
you have to meet the law, and even, there have been cases where Code Enforcement
Officers have issued incorrect opinions, that people have used to build things, and then,
upon challenge, those things have been torn down.
Mr. Pinnisi - But that's mixing two issues.
Mr. Matthews —But we're not dealing with the appellants lawyer-lawyer conversation. I
don't know what this gentleman does for a living.
Chairperson Sigel—He's a lawyer.
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Mr. Matthews —Maybe he is, maybe he isn't...
Mr. Pinnisi - But I'm sure not a real estate lawyer. I don't know this stuff, and I'm not
sure I want to anymore.
Mr. Matthews — It's that we have leeway, and we've done a lot of leeway here on this
board.
Chairperson Sigel —I would agree with you that we certainly do have leeway, more so in
area variances and special approvals. Obviously you are free to form your own opinion,
but I feel that we don't have a lot of leeway in the case of use variances.
Mr. Matthews —Well, I'm relatively on the board, and I understand that.
Chairperson Sigel — To change a use that the Town Board has decided for a district, I
think, is a very significant step, and in this case the use was three times what the Town
Board has decided is appropriate for this zone, and with this cessation of use, it's down to
two times the number of dwelling units, and my opinion is that that's enough, and that
getting the third would change the character of the neighborhood as a single family
residential neighborhood, and I feel that the hardship is not unique, in that there are other
properties in this area that would certainly wish to increase their value. Owners in the
area that would want to increase their value by adding more units, but they're not
permitted to, and so on.
Mr. Matthews —Well, obviously we could probably argue the point and certainly I could
but I won't. Let's go to a vote, I think.
Chairperson Sigel—Does anyone else want to make any comments?
Mr. Krantz—We've ignored this letter from the neighbors to the south.
Chairperson Sigel—Did everyone have a chance to read it, we could take a moment to let
everyone read it.
[pause as the board reads the letter]
Chairperson Sigel—Any comments?
Mr. Krantz—It speaks for itself.
Chairperson Sigel —I had promised Mr. Pinnisi a chance to address anything in the letter
that he wanted to.
Mr. Pinnisi - Yes, thank you. I did just receive the letter moments before we began this
hearing. I am surprised that Mr. Schaye did not speak with me about it in advance,
because I know Mr. Schaye and I work with him regularly. The letter contains some
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factual inaccuracy, where he says that there's no other properties right by the water. We
included with our May 3 submission, a copy of the tax map, which shows that there's
actually several buildings right down by the water in our portion of the lake. There are in
fact, it's about a third of them I think, or there's a lot of them right down by the water
there. It's a historical artifact that there are lots of properties there. Also Mr. Schaye
points out that he likes the fact they I've improved the property where I have, wants me
to improve the property down by the waterline, but then doesn't want to deal with the
economic reality of what that will require.
What I'd say is that I'm happy to accommodate Mr. Schaye's concern, wish he
were here to discuss it with us, I'd be happy to address his concern by doing the things
that he talks about, about improving the site, if the variance is approved. Which he does
say, if the variance is approved, we'd like to see that there's landscaping and other
improvements to the area. That's fine, I'll do that, and that seems to be something that
would address his concerns. His property is nowhere within the site line of where this
building is going to be, and I note that the other neighbors that are to the immediate north
and south to me are not complaining about this. They've actually told me that they
supported it, I'm just sorry that I couldn't get them to come here this evening. I also note
that the property to the immediate north of me, if you look at the tax map, is divided into
two separate parcels, and so there are actually two units right next to me, so if we want to
talk about the density of the area, it's at least two units on parcels that are similar sized.
So, the factual predicate that he's talking about here is wrong, and the impact that he's
complaining about will not be felt by him, the people that he says are going to feel that
impact are not here complaining. And, I think what he really wants, with all the thanks
that he's giving me for the improvements to the property, and the requests that conditions
be put on the approval, is that he's looking for me to further improve the waterfront,
which I'm happy to do, as long as the variance is approved. Which Mr. Schaye says he
doesn't really object to strongly. He says, if you approve, make him improve the site.
Fine, I'll do that.
Mr. Ellsworth — Well you've kind of misconstrued some of his statements. He says he
wants the building down by the shore torn down.
Mr. Pinnisi - That's clear enough.
Mr. Ellsworth —And he's complaining about the previous owner and some of the things
he did that spilled over onto his property. Now, you mentioned that the adjacent owners
are not here. Did you go and explain your proposal to the adjacent property owners?
Mr. Pinnisi - Yes, I did.
Chairperson Sigel—Well, Mr. Terry...
Mr. Terry - I never met you in my life.
Mr. Pinnisi - He's not adjacent.
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Mr. Terry - My phone calls to you for cooperation on snowplowing [inaudible] and you
never even call me back.
Mr. Pinnisi - I don't even.... I've talked to the people who live on the parcels, I've never
met this gentleman before in my life. He says he owns several properties up and down
the lake. I never spoke to him, I spoke to the people who live there. And actually as far
as the plowing goes, I do the plowing, I pay for the plowing, he pays no contribution
toward the plowing.
Mr. Terry - [inaudible]
Mr. Pinnisi - So, I don't even know if he's talking about the parcel that's adjacent to me.
I pay for the plowing. I pay for the plowing as a courtesy to the people who live next
door to me. I pay to plow their driveway too for free. I don't know where this comments
coming from. The people that I talked to on either side of the property, they are, like Mr.
Schaye's letter, the portion that's favorable to me, saying that I am supposed to be
commended for what I've done. The people who live to the north and south of me have
commended me for what I've done, and they said we'd love it if you'd fix that mess
down by the waterfront, we have to look at that eyesore everyday, please fix it. And I
said I will if I can.
Mr. Kanter — Mr. Chair, if we're selectively reading, why don't I selectively read the
last... the bottom of page 1 where he says "our final concern is that the property not have
three rental properties. This is a residential area and next to our full-time home." That
also addresses the character issue.
Mr. Pinnisi - Everybody's read the entire letter...
Mr. Kanter—Thank you.
Mr. Pinnisi - And I don't appreciate the tone.
Mr. Kanter—I don't appreciate your tone either, so we're even.
Mr. Pinnisi - No, we're not even sir, you're a public official, and I'd appreciate that you
comport yourself in this proceeding.
Chairperson Sigel—OK.
Mr. Pinnisi - I'm not asking for there to be three...
Mr. Ellsworth—That's enough.
Mr. Niefer — I have one observation. The claim has been made that it is necessary to
rehab this lakeshore property as an economic hardship, because the lakeshore property is
not in rentable or usable condition. I find it a little bit puzzling that his intended uses for
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the Lakeshore property is as a guest house for people to come. That doesn't necessarily
generate any income. Occasional family use, that doesn't generate any income. He's
told his neighbor allegedly that he's going to use the property for family use, that doesn't
generate any income. So how is this rehabbing of this piece of property going to result in
improved cash flow and relieving him of economic hardship? Through his own
testimony in comments he hasn't projected any annual rental income for this property.
So, his argument that it's economic hardship, it appears that he's going to put more
money or wants to put money in it, but the net result is he's not going to have any more
cash flow to help his economic distress. So, it becomes a question of merit, but I
certainly am not in favor of rehabbing the lake property at all by reason of what counsel
has said, what Kirk has said, and so on and so forth. The time to rehab it is expired, and
so it's in my view not a property that I would vote to allow to be repaired or replaced or
whatever.
Chairperson Sigel—OK. Any other?
Ms. Anderson - The answer to your question, Mr. Niefer, is that the way that... for us to
be able to have a lakefront house is to have a property that we can rent out other units.
That's the only way we can afford it. That's our dream, we want a lake house, we can't
afford it without renting the other units. If we only have two, we can't afford to use it,
we have to rent it, in order to make it economically viable for us.
Mr. Pinnisi - We also can get pretty substantial income from very short term rentals. The
rates of return during graduation weekends are unbelievable to me. You can pick up like
$1000 in a weekend, and you can do that on more than one occasion. And so with very
light use, we can pick up a very large percentage of the annual cash loss. And then in
terms of value, you spoke just in terms of cash, we get value. If there's a parcel down
there that I get to use that I say my guests can stay there, I get value for that. If I can stay
there with my wife and my children on occasion, I get value. And so there's two
different ways to look at economic hardship. One is what is the place worth, and the
other one is what does it cost. Both of those things are alleviated by putting a third unit
down there, and it doesn't hurt anybody.
Chairperson Sigel — Any other questions or comments? OK, if we're going to make a
motion to deny, I don't think we have to address the environmental assessment, is that
true?
Ms. Brock—Let me look at the law, at the regulations.
Chairperson Sigel — I think in the past that has been the recommendation of other Town
attorneys, while I had never verified that it was correct.
Ms. Brock—I have my regulations. Let me find them.
[pause]
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Mr. Krantz—Will that be easier to make? [inaudible]
Chairperson Sigel — Yeah, at this point we couldn't make a negative determination of
environmental significance without, essentially receiving more information from the
applicants regarding the proposed project.
Ms. Balestra— The board could make a determination of significance either way. That's
your authority...
Chairperson Sigel—Right, but it's not really...
Ms. Balestra—But staff wouldn't recommend it without additional information.
Chairperson Sigel — Right. Well and even making a positive declaration wouldn't be
relevant to the use variance criteria.
Ms. Balestra—Right, right. Right.
Ms. Brock — Well, the SEQR regulations say "no agency involved in an action may
undertake, fund, or approve the action until it has complied with the provisions of
SEQR," so I guess the question is then if the motion is to not approve the action, do you
have to comply with the provisions of SEQR.
Ms. Balestra—I don't think so.
Chairperson Sigel—It would seem nonsensical to go through...
Ms. Balestra — Right, if you're going to deny it, why make them go through the
environmental?
Chairperson Sigel - ...making a denial that's not related, especially to environmental
conditions.
Ms. Brock—Jonathan, have you looked at this issue before?
Mr. Kanter—I have removed myself from the discussion tonight, at this point.
Mr. Pinnisi - Can I ask why Mr. Kanter has removed himself from the discussion.
Chairperson Sigel — I'm not sure, he's actually not... he doesn't always attend our
meetings, so...
Mr. Pinnisi - But he's chosen to voluntarily refuse to participate even though he's sitting
in the room, I'd like on the record his reasons why.
Chairperson Sigel—As a member of the public, I don't think he's...
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Mr. Pinnisi - You're speaking for him sir, I'm just curious if we could have his reasons
why, because I believe he's... well, I'm not going to speculate, I'd like to know why he
won't participate anymore.
Ms. Anderson - And could you also make clear whether he was participating in assisting
the board or whether he was participating as a member of the public.
Chairperson Sigel—he was participating as a Town official.
Mr. Pinnisi - But now he's no longer a Town official?
Chairperson Sigel—He is a Town official still.
Mr. Pinnisi - And he's choosing not to participate even though he's here. I find that
highly irregular, and I'd like to know why.
Mr. Matthews —He's not a voting member of this board. He's an advisor.
Mr. Pinnisi - But he was asked to assist in the process and he's refused
Mr. Krantz — The attorney and ... aren't voting members, and Chris isn't a voting
member either and they participate.
Ms. Brock— Staff really serve the board at their pleasure, so if the board isn't requesting
his participation, I think that's their prerogative.
Mr. Pinnisi - I'm wondering if it's because he's so personally upset that he has such a
personal stake in this, and he's so distressed with me that he's unable to compose himself
and participate, and I think that's something that this board and other bodies may want to
consider if he's got a personal animus against this application.
Mr. Kanter—May I approach the board?
Chairperson Sigel—Sure.
Mr. Kanter — If the board would prefer that I sit back up at the table, I'd be perfectly
happy to.
Chairperson Sigel — At this point I don't think we need your participation unless you
want to.
Mr. Kanter—That's fine. Either way, it's up to the board.
Mr. Krantz—It's [inaudible] closed.
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Chairperson Sigel — I was trying to figure out what to do, if we need to do an
environmental assessment.
Mr. Krantz—We do.
Chairperson Sigel—Well, it would be difficult, because...
Mr. Ellsworth—Why would you do it if it's not going to be approved?
Chairperson Sigel — Yeah, that's what we're just trying to confirm. I mean, town staff
wasn't able to arrive at a conclusion, a recommendation of negative, so we would have a
difficult time justifying a negative declaration.
Mr. Krantz— [inaudible] vote on whether it's impossible...
Chairperson Sigel — Well, that's also not something we necessarily want to get involved
with, if it's not... I don't really think it's necessary.
Ms. Brock — Well, I think based on the statement that no agency involved in an action
may undertake, fund or approve an action, would seem to indicate that you would not
need to make a determination of significance if the motion is to disapprove the action.
Chairperson Sigel — OK. [pause] Now which, we have to figure out, which of all the
sections listed, do you know, is relating to the use variance? I guess that would be 206,
non-conforming use of structures?
[Ms. Balestra and Ms. Brock engaged in side conversation]
Chairperson Sigel—I mean really it's a... permitted principle uses, one family dwelling.
Ms. Brock—It's 41.
Chairperson Sigel—So it's 270-41?
Ms. Brock—Mmm hmmm,permitted principle uses.
Chairperson Sigel —OK. I will move to deny the appeal of Michael Pinnisi, requesting a
variance from Chapter 270, Article VII, Section 270-41 of the Town ordinance — of the
Town Code, to be permitted to have a third one-family dwelling on the property at 891
Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25.-2-15, Lakefront Residential
Zone. With the finding that the requirements for a use variance have not been satisfied,
specifically that the alleged hardship has been self-created, and that if the applicant
believes that they are not receiving a reasonable economic return, it is because they paid
too much for the property approximately one year ago. At the time of purchase, the
lower unit had been partially demolished and its use as a third dwelling unit had ceased
for more than two years. A reading of the Town Zoning Ordinance would have revealed
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that non-conforming uses expire after one year of non-use, and non-conforming
structures must be rebuilt within one year.
In addition, the granting of the variance would alter the essential character of the
neighborhood. There are no other properties known to have three dwelling units in the
area, and in fact very few have even two dwelling units. A three dwelling-unit parcel
would certainly alter the character of such neighborhood.
In addition, granting this variance would make it difficult to justify denying
similar future requests from other owners; if that were the case, an even greater alteration
of the essential character of the neighborhood would occur.
In addition, the hardship is not unique. There are many properties in the area that
are similar in size, slope, lake access, et cetera. The owners of those properties would
presumably want to increase the value of their property by adding additional dwelling
units if they could.
Finally, that the issue of reasonable economic return was not met; that reasonable
economic return does not necessarily mean positive cash flow. There are many
properties that, given their purchase price, and given what they could realize in rent
would not provide a positive cash flow, and that the absence of such is not necessarily
evidence of a lack of reasonable economic return.
Susan, anything you would...?
Ms. Brock—I think in the criteria about the hardship being self-created, to make a finding
that the applicant knew at the time he purchased the property that the property was non-
conforming.
Chairperson Sigel—OK.
Ms. Brock — And in terms of the reasonable return criteria, to make a finding that the
applicant has not shown that a reasonable return could not be realized for any permitted
use of the property.
Chairperson Sigel—OK, for every permitted use, for every allowable use
Ms. Brock—Yes, that one does not look just at the existing use of the property, but looks
at all of the permitted uses, and the applicant needs to show that none of those permitted
uses would realize a reasonable return, and that finding has not been made, or that
showing has not been met.
Chairperson Sigel—Second?
Mr. Krantz—Second.
Mr. Niefer—Second.
Chairperson Sigel—All in favor?
Chairperson Sigel, Mr. Ellsworth, Mr. Krantz, Mr. Niefer—Aye.
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Chairperson Sigel—All opposed? Dick?
Mr. Matthews —Yes, opposed.
ZB RESOLUTION NO. 2006- 041: Michael Pinnisi, Appellant, 891
Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25.-2-15, Lakefront
Residential Zone
MOTION made by Kirk Sigel, seconded by Ron Krantz
RESOLVED that this Board denies the appeal of Michael Pinnisi, requesting a
variance from Chapter 270, Article VII, Section 270-41 of the Town Code to be
permitted to have a third one-family dwelling on the property at 891 Taughannock
Boulevard, Town of Ithaca Tax Parcel No. 25.-2-15, Lakefront Residential Zone.
FINDINGS: The requirements for a use variance have not been satisfied,
specifically-
1.
pecifically:1. The alleged hardship has been self-created, and that if the applicant
believes that they are not receiving a reasonable economic return, it is
because they paid too much for the property approximately one year
ago. At the time of purchase, the lower unit had been partially
demolished and its use as a third dwelling unit had ceased for more than
two years. A reading of the Town Zoning Ordinance would have
revealed that non-conforming uses expire after one year of non-use, and
non-conforming structures must be rebuilt within one year. The
applicant knew at the time he purchased the property that the property
was non-conforming.
2. In addition, the granting of the variance would alter the essential
character of the neighborhood. There are no other properties known to
have three dwelling units in the area, and in fact very few have even two
dwelling units. A three dwelling-unit parcel would certainly alter the
character of such neighborhood.
3. In addition, granting this variance would make it difficult to justify
denying similar future requests from other owners; if that were the case,
an even greater alteration of the essential character of the neighborhood
would occur.
4. In addition, the hardship is not unique. There are many properties in the
area that are similar in size, slope, lake access, etcetera. The owners
of those properties would presumably want to increase the value of their
property by adding additional dwelling units if they could.
5. Finally, that the issue of reasonable economic return was not met; that
reasonable economic return does not necessarily mean positive cash
flow. There are many properties that, given their purchase price, and
given what they could realize in rent would not provide a positive cash
flow, and that the absence of such is not necessarily evidence of a lack
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of reasonable economic return. The applicant has not shown that a
reasonable return could not be realized for every allowable use of the
property. One does not look just at the existing use of the property, but
looks at all of the permitted uses. The applicant needs to show that none
of those permitted uses would realize a reasonable return, and that
showing has not been met.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer
NAYS: Matthews
The MOTION was declared to be carried.
Chairperson Sigel—OK. Thank you.
Ms. Hunter- Which of you gentlemen seconded?
Mr. Krantz—It doesn't matter, I'll take it if you want, or he can take it. Either one of us.
Chairperson Sigel — I don't know if... do we need to...? There are area variances also
requested.
Ms. Brock—But in light of the use variance...
Chairperson Sigel—Yeah, I don't think we can grant an area variance for a use that's not
allowed.
Ms. Brock—Right.
Chairperson Sigel — I don't know if we should make some kind of formal denial, or
formal motion of denial.
Ms. Brock — It seems that the need for them is moot at this point. Right, they are
connected, but perhaps if you wish, we could go ahead and formally state for the record,
or have a vote on that too, I guess, and deny those.
Chairperson Sigel—OK.
Ms. Brock —Because they're asked to be done in support of the use which has not been
permitted.
Chairperson Sigel — Would you... do you want us to vote to deny the area variances, or
would you like to withdraw them, given that... if it's not a permitted use, then we can't
grant an area variance to build a structure that's illegal.
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Mr. Pinnisi - If the question is am I waiving any rights or am I withdrawing any
application, the answer is no.
Chairperson Sigel —It is the case that, I can't think of any reason off the top of my head,
but if for some reason we were to re-hear the case or re-consider it, if we'd already
denied any aspect of it or any further aspect of it, I think it either needs a unanimous
consent or a supermajority consent of the board to reconsider an appeal, whereas if it has
been withdrawn by you, it could always be re-submitted by you and then would just
require a majority again to be passed. Again, the relevance here is probably tenuous
because of the denial of the use variance, but typically applicants in this type of situation
would withdraw it, so that they would then, if they came back, would only require the
majority instead of unanimous or supermajority, I'm sorry, I can't remember which it is.
Mr. Pinnisi - What I'm understanding from Ms. Brock's comments is that the issue of a
use variance cannot be reached at this ... I'm sorry, of an area variance, cannot be
reached at this point, cannot be reached at this point because of the denial of the use
variance. To the extent that's correct, I agree that there would be no point in going to the
area variance question.
Chairperson Sigel—OK.
Mr. Pinnisi - But I'm not rendering a legal conclusion contrary to myself, OK. I don't
know the answer to the question. Accepting that she says that we cannot reach the area
variance question, then we don't reach it, and I'm... and I accept that. And I understand
that there's been a denial made on the application for the use variance. I disagree with
the findings, I disagree with the characterization of my supposed admission. I've said I
waive no rights. I understand that to complete proceedings for tonight, that I leave
without a use variance and therefore we don't reach the other issues.
Ms. Brock—We could adjourn the consideration of the area variances which would then
preserve all of your rights.
Mr. Pinnisi - That makes good sense. As long as that's right, that makes sense to me.
Like I said, I don't waive, but if we adjourn, I've waived nothing.
Ms. Brock—No, you wouldn't waive any rights. We just won't... do not find the need to
reach that issue tonight.
Chairperson Sigel—We could say until a point when it becomes relevant. So I'll move to
adjourn all of the remaining variance requests by the applicant to an undetermined
meeting in the future when they might become relevant or germane to the applicant's
application, and I'll note as a finding that this was with the applicant's consent. Second?
Mr. Krantz—Second.
Chairperson Sigel—OK. All in favor?
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ZB RESOLUTION NO. 2006- 042: Michael Pinnisi, Appellant, 891
Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25.-2-15, Lakefront
Residential Zone
MOTION made by Kirk Sigel, seconded by Ron Krantz
RESOLVED that this Board adjourns all of the remaining variance requests by
the applicant to an undetermined meeting in the future when they might become
relevant or germane to the applicant's application.
FINDINGS: This motion was made with the applicant's consent.
The vote on the MOTION resulted as follows:
AYES: Sigel, Ellsworth, Krantz, Niefer, Matthews
NAYS: NONE
The MOTION was declared to be carried.
Chairperson Sigel—OK.
Mr. Pinnisi - Thank you.
Chairperson Sigel—If there's no other official business, then we are adjourned.
Chairperson Sigel adjourned the meeting at 10:52 p.m.
Kirk Sigel, Chairperson
John Coakley, Deputy Town Clerk
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